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CP 2020-11-10o I'll""' COFFELL Tuesday, November 10, 2020 City of Coppell, Texas Meeting Agenda City Council 5:30 PM KAREN HUNT MARK HILL Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-SMITH NANCY YINGLING Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 MIKE LAND City Manager 255 E. Parkway Boulevard Coppell, Texas 75019-9478 As authorized by Section 418.016(e) of the Texas Government Code, on March 16, 2020, Governor Greg Abbott suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. Council Chambers The following requirements have been suspended by the governor: 1. A quorum of the city council need not be present at one physical location. Id. § 551.127(b). 2. In light of (1), above, the meeting notice need not specify where the quorum of the city council will be physically present and the intent to have a quorum present. Id. § 551.127(e). 3. In light of (1) above, the meeting held by videoconference call is not required to be open to the public at a location where council is present. Id. § 551.127(f). 4. The audio and video are not required to meet minimum standards established by Texas Department of Information Resources (DIR) rules, the video doesn't have to be sufficient that a member of the public can observe the demeanor of the participants, the members faces don't have to be clearly visible at all times, and the meeting can continue even if a connection is lost, so long as a quorum is still present. Id. § 551.127(a-3); (h); (i); Q). City of Coppell, Texas Page 1 Printed on 11/6/2020 City Council Meeting Agenda November 10, 2020 Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Work Session, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1. Call to Order 2. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding agenda items. B. Discussion regarding Advanced Scenario Planning contracts. C. Discussion regarding the 2018 International Swimming Pool and Spa Code with local amendments. D. Discussion regarding Fence Regulations in Article 9-2 of the Code of Ordinances. E. Discussion regarding the roof replacement of 265 Parkway. F. Discussion regarding priorities for the Legislative Agenda. G. Discussion regarding Boards & Commissions appointments. Attachments: Advanced Scenario Planning Memo.pdf ISPSC Code Adoption Memo.pdf 265 Roof Replacement Memo.pdf Legislative Agenda Memo.pdf 2021 Legislative Priorities.pdf Regular Session 3. Invocation 7:30 p.m. 4. Pledge of Allegiance 5. Citizens' Appearance 6. Consent Agenda City of Coppell, Texas Page 2 Printed on 11/6/2020 City Council Meeting Agenda November 10, 2020 A. Consider approval of the minutes: October 27, 2020. Attachments: CM 2020-10-27.pdf B. Consider approval of an Ordinance for PD-214R9R-C, 151 Coffee, a zoning change request from PD -214R9 -C (Planned Development -214 Revision 9 -Commercial) to PD-214R9R-C (Planned Development -214 Revision 9 Revised - Commercial) to attach a Detail Site Plan for a 857 -square foot building with drive-thru on 0.7 acres of land, located on the west side of S. Denton Tap Road, approximately 400 feet south of W. Sandy Lake Road; and authorizing the Mayor to sign. Attachments: Cover Memo.pdf Ordinance - 151 Coffee.pdf Exhibit A - Legal Description.pdf Exhibit B - Detail SitePlan.pdf Exhibit C - Landscape Plan _& Tree Survey.pdf Exhibit D - Elevations & Dempster Enclosure.pdf Exhibit E - Sign Plan.pdf C. Consider approval of award for the contract to two separate contractors; each performing a share of the ADA sidewalk repairs and annual street and alley pavement repair program; in the amounts of $540,000.00 to F&F Construction and $360,000.00 to New World Contracting; for a total of $900,000.00; as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Attachments: Annual Street and Alley Memo.pdf Annual Street, Alley and Sidewalk Bid Tab.pdf Contract Award Split Calculations.pdf New World Bidder Review Letter.Ddf D. Consider approval for a second renewal of the contract with Scodeller Construction, Inc. to include crack and joint sealing work along major thoroughfares in the amount of $100,000.00; as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Attachments: Scodeller Crack Seal Memo.pdf Scodeller Spec for Cracks and Joints.pdf Scodeller Bid.pdf E. Consider approval to utilize the City of Grand Prairie's contract with Nortex Concrete Lifting and Stabilization, Inc., as authorized by Texas Local Government Code, Section 271.102, to perform annual street repair/mud jacking program; in the amount of $100,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. City of Coppell, Texas Page 3 Printed on 11/6/2020 City Council Meeting Agenda November 10, 2020 Attachments: Nortex Mudiacking Renewal Memo.pdf Pavement Leveling Services - Renewal.pdf F. Consider approval to extend the contract term for an additional year with Barco Pump; for On -Call Temporary River Pumping based on the specification associated with the Northlake Untreated Water System; as part of the design solution for an untreated water pumping solution to deliver water from the Elm Fork of the Trinity River into North Lake; in the amount of $127,524.00; as designated in CIP funds; and authorizing the City Manager to sign any necessary documents. Attachments: Barco On Call Pumping Northlake Memo.pdf Barco Pricing Exhibit.pdf Barco Cin -Call Pump Bid Tab.pdf CSP Recommendation - Cin -Call Pumping.pdf Barco Northlake Contract 082418.pdf G. Consider to award a bid and enter into a design contract with Westra Consultants, LLC; for the reconstruction of Woodhurst Drive; as budgeted $96,382.00 from Water Sewer Fund and $263,118.00 from '/4 Cent Sales Tax Fund; in the total amount of $359,500.00; and authorizing the City Manager to sign any necessary documents. Attachments: Woodhurst Design Memo.pdf TAX 20190 Exhibit.pdf Woodhurst Drive OPCC- RNR.pdf Woodhurst Engineering Contract. df Woodhurst Exhibit A - Scope.pdf Woodhurst Exhibit B - Compensation.pdf H. Consider approval to enter into a design contract with Kirkman Engineering; for the reconstruction of a portion of Southwestern Boulevard; from the intersection of Freeport Parkway to the intersection of South Coppell Road; as budgeted $60,810.00 out of Water/Sewer Fund and $141,890.00 from'/4 cent Sales Tax Fund; in the total amount of $202,700.00; and authorizing the City Manager to sign any necessary documents. Attachments: Southwestern Design Memo.pdf Southwestern TAX 2019B Exhibit.pdf Southwestern OP 201020.pdf Southwestern Professional Services Agreement.pdf Southwestern - Attachment A -Scope Basic.pdf Southwestern - Attachment B - Scope Special.pdf Southwestern - Attachment C - Fee Summary.pdf City of Coppell, Texas Page 4 Printed on 11/6/2020 City Council Meeting Agenda November 10, 2020 End of Consent Agenda 7. CONTINUED PUBLIC HEARING: Consider approval of PD -295R -HC (Sheraton Four Points Hotel) and an Ordinance for PO-295R-HC.azoning change request from PO-295-HCbz PO -295R -HC, to establish a Detail Site Plan to allow for an approximate 73.190 square foot four-story hotel on 2.675-aorea of property located on the northeast corner ofGH 121 and Northwestern Drive and amending the development regulations in Subsection ''O^ under Section 1 of Ordinance No. 915OO-A-739.aarequested byMike Clark onbehalf ofArchway 121 Coppe||.Ltd.;and authorizing the Mayor tosign. Attachments: 8. Consider approval ofanEconomic Development Incentive Agreement bv and between the City ofCoppeUand Archway 121COPPELLLTD Properties; and authorizing the Mayor tosign. Attachments: Archway Utility R location Memo.pdf Archway Utilitj Relocation Agreement_pdf 9. Consider approval of awarding a contract to Custer Construction in the amount of $122,059.16; for the reconfiguration of the lobby and Community Services counter area at2O5Parkway Boulevard; provided for byCARES Act Funds; and authorizing the City Manager tosign any necessary documents. Attachments: 265 Lobby Reconfiguration Memo.pdf 265 Lobby Safety Configurations. pdf Quote and Scope. df 10. Consider approval ofaward bzenter into acontract with The Garland Company for the emergency replacement ofthe roof ed2O5Parkway Boulevard, inthe amount of$3OO.00O.00.aaprovided from the fund balance ofthe Infrastructure Maintenance Fund; and authorizing the City City of Coppell, Texas Page 5 Printed on 111612020 City Council Meeting Agenda November 10, 2020 Manager to sign any necessary documents. Attachments: 265 Roof Replacement Memo.pdf 265 Emergency Roof Replacement Package.pdf 265 Roof Replacement Summary of Work.pdf 11. Consider a Resolution of the City of Coppell approving the placement of a plaque commemorating the contribution of Lou Duggan at Coppell BioDiversity Center in the City of Coppell, Texas; and authorizing the Mayor to sign. Attachments: Memo.pdf Resolution - Lou Duggan.pdf 12. Consider approval of appointments to the City's Boards and Commissions. 13. City Manager Reports - Project Updates and Future Agendas 14. Mayor and Council Reports Report by the City Council on recent and upcoming events. 15. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. Report on Dallas Regional Mobility Coalition - Councilmember Gary Roden B. Report on Woven Health Clinic - Mayor Pro Tem Mark Hill C. Report on Metrocrest Services - Councilmembers Biju Mathew and Wes Mays 16. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17. Necessary Action from Executive Session 18. Adjournment Karen Selbo Hunt, Mayor City of Coppell, Texas Page 6 Printed on 11/6/2020 City Council Meeting Agenda November 10, 2020 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 6th day of November, 2020, at Ashley Owens, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services seventy-two (72) hours — three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX 1-800-735-2989). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. City of Coppell, Texas Page 7 Printed on 11/6/2020 C',P FE L File ID: 2020-5390 Version: 1 File Name: WKS 11/10/20 City of Coppell, Texas Master File Number: 2020-5390 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Work Session In Control: City Council File Created: 11/03/2020 Final Action: Title: A. Discussion regarding agenda items. B. Discussion regarding Advanced Scenario Planning contracts. C. Discussion regarding the 2018 International Swimming Pool and Spa Code with local amendments. D. Discussion regarding Fence Regulations in Article 9-2 of the Code of Ordinances. E. Discussion regarding the roof replacement of 265 Parkway. F. Discussion regarding priorities for the Legislative Agenda. G. Discussion regarding Boards & Commissions appointments. Notes: Sponsors: Enactment Date: Attachments: Advanced Scenario Planning Memo.pdf, ISPSC Code Enactment Number: Adoption Memo.pdf, Ordinance Draft Adopting 2018 Int Swimming Pool and Spa Code.pdf, Fence Ordinance Revisions Memo.pdf, Ordinance Draft amending Art 9-2 Fence Regulations.pdf, 265 Roof Replacement Memo.pdf, Legislative Agenda Memo.pdf, 2021 Legislative Priorities.pdf Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5390 Title A. Discussion regarding agenda items. B. Discussion regarding Advanced Scenario Planning contracts. C. Discussion regarding the 2018 International Swimming Pool and Spa Code with local City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5390) amendments. D. Discussion regarding Fence Regulations in Article 9-2 of the Code of Ordinances. E. Discussion regarding the roof replacement of 265 Parkway. F. Discussion regarding priorities for the Legislative Agenda. G. Discussion regarding Boards & Commissions appointments. Summary City of Coppell, Texas Page 2 Printed on 11/6/2020 T H E - C I T Y" 4 F C0PPEL,,L,,,, F C Y I X A & i 6 MEMORANDUM To: Mayor and City Council From: Jerod Anderson, Director of Enterprise Solutions and Mindi Hurley, Director of Community Development Date: November 10, 2020 Reference: Discussion regarding Advanced Scenario Contracts — Work Session 2040: Create Business and Innovation Nodes Introduction: As a result of Vision 2040, two new citizen committees were created to address the goals outlined in two of the pillars adopted by City Council. The Smart Cities Board and the Future Oriented Approach to Residential Development Task Force were formed and began meeting in January 2020. Both committees were created to continue engagement with the community on these topics and to work toward accomplishing the goals established in the "Apply `Smart City' Approach to Resource Management" and "Future Oriented Approach to Residential Development" pillars respectively. While these committees have been hard at work performing research for the last eleven months, both committees have reached a point that they need to engage an outside consultant to help them perform advanced scenario planning. Advanced scenario planning will enable each committee to take the next step toward creating an action plan of work to present to City Council. Analysis: Future iQ, Inc. has submitted proposals to each committee to explain the scope of work, the approach, a proposed schedule and a proposed budget to complete the advanced scenario planning process. Each process is proposed to last approximately 6 months, and the proposed cost is $20,000 per contract. Both committees desire to enter into its respective contract. Future iQ, Inc. prepared the Vision 2040 Plan for the City of Coppell. They are familiar with the City and have extensive knowledge of the wants and desires of the Coppell citizenry due to the citizen engagement process utilized to create the Vision 2040 Plan. If City Council authorizes staff to enter into these contracts, a Budget Amendment will be brought forward to a City Council meeting at a later date. Work with Future iQ, Inc. will begin immediately. Legal Review: N/A Fiscal Impact: $20,000 per contract. Recommendation: Staff recommends approval. MEMORANDM To: Mayor and City Council From: Suzanne Arnold, Chief Building Official Date: November 4, 2020 Reference: Consider the adoption of the 2018 International Swimming Pool and Spa Code 2030: Special Place to Live Executive Summary: The City is seeking to adopt and amend the 2018 International Swimming Pool and Spa Code. Introduction: The International Swimming Pool and Spa Code (ISPSC) was developed by the International Code Council in partnership with the Pool and Hot Tub Alliance (formerly the Association of Pool and Spa Professionals and the National Swimming Pool Foundation). It is the first International model code to focus on pool safety. Effective September 1, 2020, Texas House Bill 2858 adopts the 2018 International Swimming Pool and Spa Code as the mandatory municipal swimming pool and spa code in the State of Texas. Coppell's Building and Standards Commission voted unanimously to recommend adoption of the 2018 International Swimming Pool and Spa Code on September 10, 2020. Analysis: The ISPSC expands on existing pool regulations and best practices to produce a comprehensive code for the design of swimming pools, spas, and other aquatic recreation facilities. It is written to work with the other International codes for topics like electrical, plumbing, energy, and accessibility. The ISPSC divides jurisdiction over pools between residential (Building Inspection Division) and public facilities (Environmental Health Division). 1 The content of the ISPSC overlaps and expands on existing regulations adopted by the City of Coppell. The fence and barrier portion of the ISPSC was adopted by the City in 2017 as an amendment to the International Residential Code. The City has also adopted and amended the Standards for Public Swimming Pools and Spas by the Texas Department of State Health Services. The amendments to the ISPSC, as proposed herein, work to reconcile the code with State and local regulations. The ISPSC also states that where a conflict arises between regulations, the strictest shall apply. The International Swimming Pool and Spa Code focuses on safety in several respects, with key topics as follows: Securing the pool area with barriers, so that no one, especially small children, can enter the pool area without the owner's consent (or the proprietor's consent for public pools). Key elements include fences, door alarms, and pool covers. • Preventing suction entrapment under water by configuring drains and equipment. • Ensuring physical safety through elements like specifying depth requirements for diving and slide pools, ladder requirements, hand holds, accessibility features, etc. Proposed Code amendments include the following: • References to State and local regulations, and language to match • Clarification regarding the potential to climb staggered horizontal fence boards • Vehicular gates cannot be part of the fence enclosure (intermediate barrier required) The adoption of the 2018 International Swimming Pool and Spa Code is not just a Texas mandate. It is essential to protect our citizens from drowning hazards in pools. Attachment: Proposed text for the adoption and amendments to the 2018 International Swimming Pool and Spa Code Legal Review: The documents were reviewed by Bob Hager at NJDHS. Fiscal Impact: N/A Recommendation: The Community Development Department recommends bringing the adoption of the 2018 International Swimming Pool and Spa Code and amendments to Council on December 8, 2020. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS [Draft] ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15, "OTHER CODES ADOPTED" ARTICLE 15-11, "SWIMMING POOL AND SPA CODE" TO PROVIDE FOR THE ADOPTION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE, 2018 EDITION; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 15 of the Coppell Code of Ordinances be, and the same is, hereby amended by adding Article 15-11, "Swimming Pool and Spa Code", Sections 15-11-1 and 15-11-2 to provide for the adoption of the International Swimming Pool and Spa Code, 2018 Edition, which shall read as follows: "CHAPTER 15. OTHER CODES ADOPTED ARTICLE 15-1..... ARTICLE 15-11. Swimming Pool and Spa Code Section 15-11-1. The 2018 edition of the International Swimming Pool and Spa Code is hereby adopted as the official swimming pool and spa code of the city. The pool and spa code is fully incorporated by reference as though copied into this section in its entirety. The material contained within shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the city secretary and will be available for public inspection and copying during regular business hours. Section 15-11-2. TM 117679 The swimming pool and spa code adopted in this article shall be subject to the exceptions and amendments to the International Swimming Pool and Spa Code, 2018 edition, as follows: Section 102.7; Amend to read as follows: Section 102.7 Referenced codes and standards. The standards that are referenced in this code shall be those that are listed in Chapter 11. The codes that are referenced in this code shall mean the codes adopted in Chapter 15 of the City of Coppell Code of Ordinances. Such codes and standards shall be considered to be a part of the requirements of this code to the prescribed extent of this code. [remainder unchanged] Section 102.9; Amend to read as follows: Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law, to include but not limited to; 1. Texas Department of State Health Services (TDSHS); Standards for Public Pools and Spas; §285.181 through §285.208, (TDSHS rules do not apply to pools serving one- and two family dwellings or townhouses). 2. Texas Department of Licensing and Regulation (TDLR); 2012 Texas Accessibility Standards (TAS), TAS provide the scoping and technical requirements for accessibility for Swimming Pool, wading pools and spas and shall comply with 2012 TAS, Section 242. (TAS rules do not apply to pools serving one- and two family dwellings or townhouses). Exception: Elements regulated under Texas Department of Licensing and Regulation (TDLR) and built in accordance with TDLR approved plans, including any variances or waivers granted by the TDLR, shall be deemed to be in compliance with the requirements of this Chapter. Section 103.1; Amend to read as follows: Section 103.1 Creation of enforcement agency. The City of Coppell Building Inspection Department is hereby created and the official in charge thereof shall be known as the code official. The City of Coppell Environmental Health Department is hereby created and the official in charge thereof shall be known as the code official for operation and maintenance of any public swimming pool in accordance this code, local and state law. Section 105.3; Add paragraph to read as follows: Section 105.3 Construction documents. [Code text unchanged] The plans and specifications shall be submitted under the seal of a registered professional engineer or registered architect with the statement that they meet the requirements of the state standards for public swimming pools and spas. TM 1176792 Section 107.4; Delete, in its entirety 107.5; Amend to read as follows: 107.5 Stop work orders. Upon notice from the code official, work on any system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code. Section 202; DEFINITIONS; insert definition; amend to read as follows: City of Coppell Environmental Health Department regulates the operation of public pools. Routine inspections on pools and spas open to the public are conducted to document compliance with the standards set forth in State law. Section 305; Amend to read as follows: 305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. In one -and two-family dwellings and townhouses, where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7. Section 305.2; Amend to read as follows: 305.2 Outdoor swimming pools and spas. Outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7 and in accordance with the Texas Administrative Code, Texas Health and Safety Code 757 for public pools. Section 305.2.3; Add sentence to read as follows: 305.2.5 [Code text unchanged]... Horizontal fence boards that are staggered or lapped to create indentions and protrusions are not permitted to face the outside of the pool barrier. Add subsection 305.2.7.1; to read as follows: 305.2.7.1 Chain link fencing prohibited. Chain link fencing is not permitted as a barrier in public pools built after January 1, 1994. Section 305.3.1 Add subsection 305.3.1 to read as follows: TM 1176793 305.3.1 Vehicular gate as a barrier. In one -and two family dwellings and townhouses, gates intended for vehicular passage are not permitted as a component of a pool barrier. Section 305.4 structure wall as a barrier; Amends as follows: 305.4 Structure wall as a barrier. Where a wall of a one and two family dwelling or townhouse or its accessory structure serves as part of a barrier and where doors or windows provide direct access to the pool or spa through that wall, one of the following shall be required: 1. Remainder Unchanged 2. Remainder Unchanged 3. Remainder Unchanged The wall of a building with windows in accordance with 201 International Building Code, Section 1030 in Group R2 occupancies shall not be used as part of pool enclosure. Other windows that are part of a pool yard enclosure shall be permanently closed and unable to be opened for public pools. Section 305.6; Amend to read as follows: 305.6 Natural barriers used in a one and two family dwelling or townhouse. In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water's edge a minimum of eighteen (18) inches, a barrier is not required between the natural body of water shoreline and the pool or spa. Section 307.1.4 Accessibility; Add exception to Section to 307.1.4 as follows: Exception: Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this chapter. Section 310; Amend to read as follows: 310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance with APSP 7 or for public swimming pools in accordance with State of Texas Rules for Public Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L, Rule §265.190. [Remainder unchanged] Section 313.7; Amend to read as follows: 313.7 Emergency shutoff switch for spas and hot tubs. A clearly labeled emergency shutoff or control switch for the purpose of stopping the motor(s) that provide power to the recirculation system and jet system shall be installed at a point readily accessible to the users and not less than 1.5 m (5 ft.) away, adjacent to, and within sight of the spa or hot TM 1176794 tub. This requirement shall not apply to one and two family dwellings and townhouses. Section 402.12; Amend to read as follows: 402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with Texas department of State Health services, Administrative Code Title 25, Chapter 265, Section 186 (e) and Figure: 25 TAC 256.186 (e) (6). Which are as follows: (Delete Table 402.12 and Figure 402.12) Maximum Diving Board Height Over Water 3/4 Meter 1 Meter 3 Meters Max. Diving Board Length 112 ft. 16 ft. L16 ft. Minimum Diving Board Overhang 2 ft. 6 in. 115 ft. 5 ft. D 1 Minimum 8 ft. 6 in. 11 ft. 2 in. 12 ft. 2 in. D2 Minimum 9 ft. 10 ft. 10 in. 11 ft. 10 in. D3 Minimum 4 ft. 6 ft. 6 ft. Ll Minimum 14 ft. 5 ft. 115 ft. L2 Minimum 112 ft. 16 ft. 5 in. 19 ft. 9 in. L3 Minimum 114 ft. 10 in. 13 ft. 2 in. 13 ft. 11 in. L4 Minimum 1130 ft. 10 in. 34 ft. 7 in. 38 ft. 8 in. L5 Minimum 118 ft. 10 ft. 13 ft. H Minimum 116 ft. 16 ft. 1116 ft. From Plummet to Pool Wall at 19 ft. 10 ft. 1111 ft. 6 in. From Plummet to Adjacent Plummet 10 ft. 10 ft. 10 ft. H (Overhead Obstruction or Ceiling) 2' 6" Min. Pt A Pt. B Pt. C H 4' Min 0 D 11 Max ---* R 6 4' 6„ ' 6" Typical 2 30° Max. 10 Max Slobe L2 L3 L1 Typical I - L4 TM 1176795 4' Min Section 402.13; Amend to read as follows: 402.13 Ladders for diving equipment. Ladders shall be provided with two grab rails or two handrails. There shall be a uniform distance between ladder treads, with a 7 inch (178 mm minimum) distance and 12 inch (305 mm) maximum distance. Supports, platforms, steps, and ladders for diving equipment shall be designed to carry the anticipated loads. Steps and ladders shall be of corrosion -resistant material, easily cleanable and with slip -resistant tread; Section 411.2.1 & 411.2.2; Amend to read as follows: 411.2.1 Tread dimensions and area. Treads shall have a minimum unobstructed horizontal depth (i.e., horizontal run) of 12 inches and a minimum width of 20 inches. 411.2.2 Risers. Risers for steps shall have a maximum uniform height of 10 inches, with the bottom riser height allowed to taper to zero_ Section 411.5.1 & 411.5.2; Amend to read as follows: 411.5.1 Swimouts. Swimouts, located in either the deep or shallow area of a pool, shall comply with all of the following: 1. Unchanged 2. Unchanged 3. Unchanged 4. The leading edge shall be visibly set apart and provided with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent in nature and shall be a slip -resistant surface 411.5.2 Underwater seats and benches. Underwater seats and benches, whether used alone or in conjunction with pool stairs, shall comply with all of the following: 1. Unchanged TM 1176796 2. Unchanged 3. Unchanged 4. Unchanged 5. The leading edge shall be visually set apart and provided with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be contrasting color to the background on which it is applied, and the color shall be permanent in nature and shall be a slip -resistant surface. 6. Unchanged 7. Unchanged Section 601.3; Add paragraph to read as follows: 601.3 General. [Code text unchanged] The Standards for Public Interactive Water Features and Fountains adopted by the Texas Department of Health Services as Texas Administration Code 265.301 through 265.308, as amended, and as amended in this ordinance, herein adopted as the City of Coppell Public Interactive Water Features and Fountains Construction, Operation, and Maintenance Regulations, shall apply. Section 603.2; Amend to read as follows: Class A and B pools: Class A and B pools over 5 feet deep: the transition point of the pool from the shallow area to the deep area of the pool shall be visually set apart with a 4 -inch minimum width row of floor tile, a painted line, or similar means using a color contrasting with the bottom; and a rope and float line shall be provided between 1 foot and 2 feet on the shallow side of the 5 -foot depth along and parallel to this depth from one side of the pool to the other side. The floats shall be spaced at not greater than 7 -foot intervals; and the floats shall be secured so they will not slide or bunch up. The stretched float line shall be of sufficient size and strength to offer a good handhold and support loads normally imposed by users. If the owner or operator ofthe pool knows or should have known in the exercise of ordinary care that a rope or float is missing, broken, or defective, the problem shall be promptly remedied Section 610.5.1; Amend to read: 610.5.1 Uniform height of 10 inches. Except for the bottom riser, risers at the centerline shall have a maximum uniform height of 10 inches (254 mm). The bottom riser height shall be permitted to vary from the other risers. Section 804 Diving Water Envelopes; Amend to read as follows: Section 804.1 General. The minimum diving water envelopes shall be in accordance with Table 804.1 and Figure 804. 1, or the manufacturer's specifications, whichever is greater. Negative construction tolerances shall not be applied to the dimensions of the minimum diving water envelopes given in Table 804.1." TM 1176797 SECTION 2. All provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 4. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. Providing for a penalty for violation of this ordinance not to exceed the sum of five hundred dollars ($500.00) except however, where a different penalty has been established by law for such offense which is a violation of any provision of law that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas on this the day of September, 2020. DULY PASSED by the City Council of the City of Coppell, Texas, this the _ day of 2020. TM 1176798 APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY TM 1176799 MEMORANDM To: Mayor and City Council From: Suzanne Arnold, Chief Building Official Date: November 4, 2020 Reference: Consider revisions to Article 9-2, Fence Regulations 2030: Special Place to Live Executive Summary: The City is seeking to revise the existing Fence Ordinance. Introduction: Community Development staff propose to add the pool fence requirements from the International Swimming Pool and Spa Code to the Fence Regulations in Article 9-2 of the Code of Ordinances. Staff is also proposing changes to the content of the existing fence ordinance to address permit exemption, fence height, and aesthetic properties facing streets. Analysis: The following changes are proposed: • Add the pool fence regulations from the 2018 International Swimming Pool and Spa Code and amendments • Clarify permit exemption: o Current ordinance states that replacing less than 50% does not require a permit, proposed ordinance adds a 6 -month wait. 1 o New language clarifies that regardless of permitting, the fence must comply with all codes and ordinances. o Replacement of fences enclosing pools, and fences on properties where the side or rear faces a public street, must always get a permit, regardless of what percentage is being replaced. Any change in height, location, or materials also requires a permit. • Height clarification: Allowing 5 inches of grace on an 8 foot fence for trim and ground clearance (max. total height up to 8 feet 5 inches from the dirt to the top). • Any fence facing a street must have the posts and rails facing the inside of the yard. • Potentially allow sliding driveway gates to encroach into the five foot alley setback by one foot Attachment: Proposed text for the revised fence ordinance Legal Review: The documents were reviewed by Bob Hager at NJDHS. Fiscal Impact: N/A Recommendation: The Community Development Department recommends bringing the revisions of Article 9-2, Fence Regulations, to Council on December 8, 2020. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS Draft ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9 "GENERAL REGULATIONS", ARTICLE 9-2 "FENCE REGULATIONS" OF THE CODE OF ORDINANCES TO AMEND SECTION 9-2-1 DEFINITIONS AND BY AMENDING BY REVISING SECTIONS 9-2-11 THROUGH 9-2-13; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9 "General Regulations", Article 9-2 "Fence Regulations", by amending Section 9-2-1 Definitions; and, amending by revising Sections 9-2-11 through 9-2-13 to the Code of Ordinances be, and the same is hereby, amended to read as follows: "CHAPTER 9 — GENERAL REGULATIONS ARTICLE 9-2. — FENCE REGULATIONS , The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Composite means .... Rear yard means a space unoccupied by principal structure extending for the full width of the lot between a principal structure and the rear lot. Repair shall mean the construction, reconstruction or repair of 50 percent or less of the perimeter of an existing fence. TM 117671 See. 9-2-2. - Fence permit required. It shall be unlawful for any person to erect, replace or repair a fence, as defined herein, without first obtaining a permit in accordance with the regulation set forth in this chapter. A permit shall not be required to replace less than 50% an existing fence within a 6 - month period. Exemption from permitting does not constitute permission to violate any of the provisions of this ordinance. Exception: A permit is always required if any of the following conditions exist: the fence encloses a pool or spa, the fence faces a public street, or here is a change in height, location, or materials. An application for a permit must be submitted by the applicant and contain the following information: F. Material of fence See. 9-2-6. - Location and height regulations. A. Height. It shall be unlawful to erect or maintain a fence at a height exceeding eight feet as measured from grade on the inside of the fence. Exception: A fence may be as much as eight (8) feet five (5) inches in height inclusive of all trim and clearances, as measured under this Section from grade on the inside of the fence. B. Rear yard. Where driveways connect to alleys in commercial, industrial and residential areas, fences shall be only constructed along the rear lot line of any lot to within five feet of a point where the driveway would intersect the alley pavement at 90 degrees. Fences to be constructed along any driveway or property line shall not be constructed within five feet of the alley pavement. 2 TM 117671 E. Fences to be constructed and maintained parallel to alleys; and, shall not be constructed or maintained within five feet of the paved portion of the alley. Exception: Sliding gates across driveways and parallel to an alley may be constructed as close as four feet from the paved portion of the alley, provided that the gate when closed is located entirely within the subject property line. ' ' IN WWITW' ' Materials prohibited in fences are barbed wire, razor ribbon, sheet metal, chain-link, vinyl or polyvinyl, or any other similar material, except that barbed wire and/or black coated chain link is permitted for fencing for agriculture- or industrial -zoned property, and for industrial -zoned property where the fence is not visible from the public right of way. Sec. 9-2-11. — Posts and horizontal members. Fence posts and horizontal members must face the inside of the fence where either of the following conditions exits: A. The fence encloses a swimming pool or spa. B. The fence faces a public street. Sec. 9-2-12. — Automated gate closers. Automatic gate closers must be equipped with an approved stop -and -reverse mechanism Sec. 9-2-13. — Fences as barriers enclosing residential swimming pools or spas. A. All fences enclosing pools or spas for one- and two-family dwellings must comply with the provisions of the International Swimming Pool and Spa Code, as adopted and amended in Chapter 15 of this ordinance. a. Exception: The pool or spa is equipped with an approved automatic safety cover B. General provisions 3 TM 117671 a. Height and clearances. The top of the pool fence shall be at least 48 inches above grade measured on the side of the fence that faces away from the swimming pool. The maximum gap between grade and the bottom of the fence shall be no greater than 2 inches. b. Solid barrier surfaces. Pool fences shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. c. Horizontal fence rails. The posts and horizontal members must be located on the pool side of the fence. d. Horizontal fence boards. Horizontal fence boards that are staggered or lapped to create indentions and protrusions are not permitted to face the outside of the pool fence. e. Spacing. Spacing between vertical members shall be not greater than 1 3/4 inches in width. C. Pedestrian gates. Access doors or gates shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self -latching device. Where the release mechanism of the self -latching device is located less than 54 inches from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate no less than 3 inches below the top of the door or gate, and the door or gate and barrier shall be without openings greater than �/z inch within 18 inches of the release mechanism. D. Vehicular gates. Gates intended for vehicular passage are not permitted as a component of a pool barrier." SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof 4 TM 117671 other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2020. ATTEST: APPROVED: KAREN SELBO HUNT, MAYOR CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY TM 117671 T H E - G I T Y • 0 F COPPELL, L MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Steve Shore, Facilities Manger Date: November 10, 2020 Reference: Roof Replacement 265 Parkway Blvd. 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • 265 Parkway Blvd was constructed in 2001. • The roof has had numerous and continuous leaks over the years which have been patched and repaired multiple times. • The roof was scheduled for replacement fiscal year 2021/2022. • A destructive test investigation including a moisture scan was performed. • Due to several deficiencies uncovered it has been determined that the roof at 265 Parkway is at risk for imminent failure in a severe weather event and needs immediate replacement. • Public Works Department is recommending the complete roof removal and replacement for the city -owned facility at 265 Parkway Blvd. this fiscal year in the amount of $300,000.00 • This item is being presented for discussion ahead of the regular item that is also on this agenda. Introduction: This item is being presented for discussion only. Analysis: The city -owned facility at 265 Parkway was constructed in 2001 by a private developer and the roof is original to the facility. After the city purchased the facility, maintenance and repairs have been undertaken annually. The roof was repaired at the time of purchase, and has been patched and repaired 1 over the years, but roof leaks continue. Staff recently commissioned a destructive test and moisture scan to identify the root causes. The primary issues with the current roof as noted by the destruction test and moisture scan are: • High levels of moisture trapped in roof assembly. • Moisture degradation in insulation board. • Detached facer of insulation board from moisture trapped in roof assembly. • Missing vapor barrier over wood deck. • Liquid applied roofing system detached from original EDPM roof membrane from expansion of trapped moisture. • Presence of moisture on wood deck surfaces. • Rapid galvanic corrosion on fastening plates from trapped moisture in roof assembly. • Galvanic corrosion on 16D nails mechanically attaching wood deck to structure. • Obsolete insulation caused by moisture degradation. • Moisture stains under wood deck noted during leak inspection. • Blistering on upper roof sections. Conclusion: Staff had originally identified this roof for replacement next fiscal year, but recent and continued leaks throughout the building led to an investigation of the roof condition. The study was anticipated to identify exactly what repairs would be needed in the interim, as well as recommendations for the replacement next fiscal year. However, the study identified the potential for failure of the roof system under certain weather and temperature conditions, prompting the need to proceed with the replacement now to avoid safety risks. Based on physical roof discoveries, destructive investigation, moisture scan, IBC 218, ASCE 7-10 ASTM and all applicable codes, the recommendation is to remove all roof assemblies down to the roof deck, install vapor control layer, install insulation, recovery board, base sheet, fleece back according to manufacturer's recommendation. The work will be performed during normal hours and performed such to minimalize the disruption to City staff working on site. The contractor will provide a "floor warden" to be stationed inside the site to monitor work to ensure safety of staff. The roof replacement will take approximately one month to complete. Legal Review: N/A. Fiscal Impact: This is a work session item, so there is no fiscal impact with this item. The fiscal impact of the roof replacement, as detailed in the regular item, will be $300,000 as provided in the fund balance of Infrastructure Maintenance Fund. Recommendation: This item is presented for discussion only COIPPEL L MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: November 10, 2020 Re: Draft 2021 LegislativePriorities Introduction: Over the course of the year, Council has discussed various subjects to be included in the 2021 Legislative Priorities document to be used during the upcoming legislative session. A draft copy is attached that reflects many items from the 2019 Priorities List, as well as, items pressing Coppell today. Analysis: The Council may choose to modify its previously adopted legislative priorities to include or delete certain aspects of it. Staff is requesting that Council provide direction regarding the development of a final 2021 Legislative Priorities list. Once Council has provided its input, staff will finalize the document for Council's adoption during a regularly scheduled City Council meeting. CITY OF COPPELL 2021 LEGISLATIVE PRIORITIES With Talking Points Local Control Decisions — The City of Coppell expressly opposes any measures that would limit, reduce, or remove the ability to make local decisions mel that municipalities have today regarding their respective abilities to govern, finance, or otherwise make decisions on behalf of the communities we serve. It is often said that the best government is that which is closest to the people. There is no level of government effort closer to the public than locally elected officials who represent municipalities and other local political subdivisions. What works for one municipality does not necessarily work in another. The locally elected Mayors and City Council members are best suited to make decisions on behalf of their respective communities. 1. Preemption of city regulation on numerous items is a red herring argument. 2. Cities have and do regulate many things that are municipal and specific to their respective community's culture and desire. 3. Cities have not over -reached to regulate things they were not authorized to do. When proven otherwise, regulation is overturned without the need for bad legislation. 4. The "liberty" argument is hollow, particularly when voters approve measures they believe are in their best interest. 5. Voters can speak for themselves. Locally elected representatives know best what their respective communities desire. 6. Local decisions should be left to local representatives. 7. Get this one thing right and many of the other issues go away. Property Tax Caps — The City of Coppell opposes all efforts to implement ad valorem property tax caps. The well documented and undeniable property tax inequities that occur because of these types of measures alone should be reason enough to oppose this type of legislation. In addition, these types of measures that have been adopted in other states have severely limited the ability of municipalities and counties to maintain infrastructure, programs and services, the very things that the public expects from its government. Property tax caps have known unintended consequences that result in major inequities over time regarding the property taxes paid by different individuals in similarly situated homes. 1. Legislation already exists that empowers the citizens to limit the growth in taxes through time these'' 4-&th i ta*4ien SB2 and effeetive to r -4e laws no new revenue and voter approval laws. 2. While nobody really likes property taxes, much of the tax revenue in growing and mature communities is used to operate and maintain facilities, roads, parks and services that were previously voter approved — it does no good to build the fire station and not staff it, no good to build the library and not equip it. 3. At the end of the day, locally elected Mayors and City Council Members listen to their citizens and know what is best for their respective communities. 4. Cities and counties are not the reason why property taxes are high in Texas. The reason is the WAY the State of Texas underfunds w,-, f4i44d schools. Cities and counties are about 20% each and the schools district property taxes are approximately 50% to 60% of a property tax bill depending upon where you live. Revenue Caps — The City of Coppell opposes any legislation or attempt to alter the way municipalities in the State of Texas currently generate revenues or to require voter approval of revenue increases. Voter approval of the budget actions of the Mayor and City Council is accomplished each time a member of the Council seeks re-election. The above discussion regarding�property tax caps rig is similar to how this type of measure that also limits the ability to maintain needed infrastructure, programs and services applies te dhe fissite. 1. Texas municipalities are already a major source of funding for the state. Cities and counties receive virtually no state funding. Texas is one of only t-� few states that treats cities and counties in this manner. 2. Cities and counties are the economic generators for the state and if their ability to raise local revenue is capped, they will not be able to offer tax abatements to attract new businesses into the state. When that happens, the Texas economy will begin to decline, and we will be just like every other state in this country. 3. Leave our revenues alone; we do not want to find ourselves in the same position as independent school districts in our state, that being underfunded. 4. The growth of revenues other than property taxes provides the opportunity to keep property taxes from rising. 5. Simple formulas that cap revenue growth on inflation and population growth do not work. The implementation of a major program, such as a new recreation facility, fire station, library, etc., often are much more expensive than the revenue growth from one year would fund based on the previous year's population growth and inflation. 6. Any bill requiring voter approval of an increased level of revenue is fraught with problems due to the budget adoption cycle for Texas municipalities and the now limited number of dates that a municipality can hold an election. 7. At the end of the day any discussion regarding the belief that overall taxation in Texas is too high is failing to recognize that we have no income tax, something that we all agree is a bad addition to the tax revenue tool chest. Texas in fact has one of the nth lowest overall tax burden in the entire country. h,,,,,o,,wne „t et4 $2.00 a rte 9. The problem is SCHOOL TAXES. They are up to X460% of a tax bill and if you are Chapter 41 school district like CISD local taxpayers send money to the State. The State has historically underfunded schools and they are trying to divertthe attention from the real problem and make it someone else's. 10. Not only would does a lower r-ellbae no new revenue rate not produce significant property tax relief, the cumulative effect would be to reduce funding for everything the City provides. 2 "Dark Store" Taxation — Big box stores have been challenging property tax assessments based on the "true cash value" which is significantly below the assessed value. Their argument is that the building was built for a sole function and has little value for other purposes. This is detrimental to local communities as well as to the State of Texas. We urge the state to expand the definition of special purpose properties to include retail buildings of greater than 50,000 sq. ft. to require assessments of value using the "cost method" not "comparable". If a store is 10 years or less in age, "the sale of a comparable property may not be used in determining the assessment of the comparable property if it has been vacant for more than one year, has significant restriction on its use, was sold and is no longer used for its original purpose or was not sold in an arm's length transaction." 1. This is another ploy used by large commercial property owners intending to lower the property tax on their respective properties. 2. Granting this type of evaluation model would severely lower taxable values which in turn would harm not only local taxing entities but also the state due to the school funding implications. 3. Various construction techniques can be applied to large commercial properties to subdivide a once large building into more than one commercial use. 4. The use of comparable properties should not be used to determine the taxable value given the very arguments being used by the industry; i.e.: their uses are so specialized. Expenditure Limitations — The City of Coppell opposes any legislation that would limit the elected Mayors and City Councils of Texas municipalities from adopting budgets that they deem appropriate for their respective communities or that would require voter approval for increases in expenditures. The City of Coppell employs a very open budgeting process during which there are multiple opportunities for the citizens to participate. Texas citizens are protected by S132 toe etif..o„+ 4=Rt4 r t ffli +ie and +.._, ra+„ fell i.aek- and no new revenue and voter approval provisions. Once again, voter approval of the actions of the Mayor and City Council is accomplished each time they seek re-election. 1. Whenever the state passes along a unfunded mandate it causes local property taxes to go up. That is why the state per capita tax burden is so low. It is because the state passes along so much of the burden to the local governments. 2. Communities should be left to decide for themselves the level of funding they deem appropriate and they do this by participating in community visioning processes, budget processes, voting on capital improvements 3. Formulas that allow for the growth in debt service funding but not operations and maintenance funding to requisite levels to program and maintain the capital improvements are counterintuitive. Once again, it does no good to build it, even if voters approve if the revenues that are necessary to operate and maintain the improvement are not available. 4. Any bill requiring voter approval of an increased level of expenditure is fraught with problems due to the budget adoption cycle for Texas municipalities and the now limited number of dates that a municipality can hold an election. 3 Sales Tax Sourcing Legislation — The City of Coppell has a longstanding economic development policy designed to attract business- to -business and warehouse users. This is consistent with our geographic location and complements surrounding communities and the region. Over the years, The City of Coppell has worked with the Comptroller, other cities and the business community to develop a respected compromise structure for origin sourcing for storefront and warehouse distribution center sales that was overwhelmingly adopted by the Legislature and suported by the majority of municipal governments. A shift from origin to destination -based sales tax sourcing in Texas would reverse 50 years of sales tax administration and treatment. A change to destination sourcing would result in the loss of millions of dollars in revenue annually from Coppell and disperse those dollars to municipalities across the state in de -minimus amounts barely noticeable by the receiving entity, but at a tremendous cost to CoDDell. Destination sourcing takes sales tax remittances from business in Coppell and directs those dollars to municipalities that have not suport of the business that generated the tax. This is most directly felt on business to business taxable transactions. Connell recognizes that remote (out of state) and marketplace sales to represent a different set of circumstances. That is why Coppell, along with cities throughout the state supported legislation last session that would direct those sales to destination locations. We further support closing the loop -hole in that legislation that would direct ALL marketplace sales, not just 3rd party marketplace seller sales, to the destination location. The City of Coppell opposes any further changes in the sourcing of sales tax remittance for Texas retail sales tax permit holders from the current origin of sale method to any method that would include destination as the way sales tax remittance is calculated. Sales Tax Sourcing can be a very confusing issue and tinkering with carefully vetted statue could lead to many unintended consequences. We have seen that ha pen with the consequences of the Comptroller's Rule 3.334 adoption that "reinterprets" the sourcing statute that hasn't changed _ in over a decade. Most cities do not know what will happen to them if either sales tax sourcing in Texas is changed to destination -based from origin -based or the national Streamline Sales Tax Initiative is adopted. Texas has long been an origin -based sales tax state. Cities have intentionally designed their economic development, community development, and other programs following this long standing sourcing law. 1. Many communities, Coppell included, have revenue bond indebtedness that relies on current law and resulting revenues to make the debt service bavments. The move to destination -based sales tax collection would devastate some and certainly harm all such cities. 2. As a result of the Comptroller's new statutory interpretation in adopted Rule 3.334, the City of Coppell stands to lose around $24,000,000 annually should the adopted rule take effect in October 2021. Streamline Sales Tax Initiative - The City of Coppell supports Texas' adoption of additional simplifications found within the Streamlined Sales and Use Tax Agreement. Specifically, the requirements for remote seller registration and an established rate and boundary database provided to remote sellers that make remittances easier for those businesses. Coppell also supports the specific provisions within the SSUTA that allow Texas to maintain its current Orrin Sourcing for intrastate transactions. Intrastate Orrin sourcing allows Texas businesses to maintain their current easy method of sales tax sourcing and remittance while not disrupting decades of established sales tax treatment. Treatment - The Citv of Connell sunnorts additi rate remote seller legislation provides for a $500,000 in sales per year into Texas before a company is required to register. That de -minimus amount should be lowered over time as more simplifications are made. Additionally, current legislation allows a remote seller to collect a since rate for the state that the comptroller will allocate to local governments on a formula based upon current sales tax remittances. A fair way to allocate those remittances would be on a per -capita basis for each taxing entity. T-e*as has le*g bee* a -H et4gi* based sales tfflE sta+e. Cities hwve i*te*t48*ally desig*ed t4 Education Funding — The City of Coppell supports efforts that would more adequately fund education from state revenue funds that would also decrease the amount of recapture currently required of districts such as the Coppell Independent School District. The percent of total state funding per pupil for public education has been continually decreasing. The legislature should turn attention to developing measures that would adequately fund education in our state, or at least fund education at historic levels. 1. While not a municipal issue on its face, the continued underfunding of public education is unacceptable. 2. The voucher issue takes even more money from public education under the guise of making it possible for the average citizen to choose private schools when the average person cannot afford private schools even with the voucher payment. 3. School choice wherein parents could choose to send their children to any school of their 6 . • . M ..II Education Funding — The City of Coppell supports efforts that would more adequately fund education from state revenue funds that would also decrease the amount of recapture currently required of districts such as the Coppell Independent School District. The percent of total state funding per pupil for public education has been continually decreasing. The legislature should turn attention to developing measures that would adequately fund education in our state, or at least fund education at historic levels. 1. While not a municipal issue on its face, the continued underfunding of public education is unacceptable. 2. The voucher issue takes even more money from public education under the guise of making it possible for the average citizen to choose private schools when the average person cannot afford private schools even with the voucher payment. 3. School choice wherein parents could choose to send their children to any school of their 6 III MI I I Education Funding — The City of Coppell supports efforts that would more adequately fund education from state revenue funds that would also decrease the amount of recapture currently required of districts such as the Coppell Independent School District. The percent of total state funding per pupil for public education has been continually decreasing. The legislature should turn attention to developing measures that would adequately fund education in our state, or at least fund education at historic levels. 1. While not a municipal issue on its face, the continued underfunding of public education is unacceptable. 2. The voucher issue takes even more money from public education under the guise of making it possible for the average citizen to choose private schools when the average person cannot afford private schools even with the voucher payment. 3. School choice wherein parents could choose to send their children to any school of their 6 choice would over -run quality districts from a classroom space perspective while the State is funding an even less percentage of the total cost for those quality district to remain such. 4. Additional state funding for public education is necessary if true property tax relief is to be seen by property owners in Texas. 5. The state funding as a percent per pupil of the total continues to decline noticeably even though public education funding is one of 4 or 5 major issues the state should be doing. Transportation — The City of Coppell supports the North Texas Commission's and Regional Transportation Council's legislative agenda. Making real, meaningful progress on transportation initiatives is vital as our state continues to grow rapidly. More specifically, the DFW region continues to grow at a rate that is simply overwhelming the transportation system. The building of additional highway capacity is essential if the region is to continue to thrive as a very important economic engine for the entire State of Texas. Mass transit via rail must also become a reality in a much larger scale than currently exists as the continuation of sprawl becomes at some point unsustainable. This issue should be near the top of the priority list of items the requiring legislative attention. 1. The RTC and Rail North Texas initiatives are vital if the region is to maintain the economic generator status that the state needs from the north Texas area. 2. State funding for transportation projects in the Dallas/Ft. Worth area is vital. 3. Ensuring TxDot and NTTA perform as expected is important. Make them keep their promises. 4. Coppell supports regional rail initiatives, including the Cotton Belt DART Silver line. 5. Fund projects with dollars as first intended. Do not co -mingle funds from one TxDot district with another unless the various stakeholders agree. 6. Support all tools necessary for successful construction of transportation projects including toll roads, tolled managed lanes, design build, concessions and any other financing avenues available. Alcoholic Beverage Sales — Oppose any further loosening of the restrictions regarding the proximity to schools, parks, and churches where alcoholic beverages can be sold. The community of Coppell has been built with families in mind. Our school system is one of the best in Texas. We have a very strong faith -based community and our municipal programs offer great kid -centric services to our families. Our ability to ensure safe and appropriate environments for these segments of our community is vital. 1. Leave these types of issues to the locally elected Councils to decide. 2. Current rules seem to be serving well. Oil and Gas Wells — Support any efforts that would provide municipalities more ability to control the site of oil and gas wells as they relate to residential developments, any occupied buildings, and environmental sensitive areas such as creeks, rivers and drainage ways. 7 The proliferation of gas wells in the north Texas area has created concern regarding their proximity to residences, schools, parks, other occupied buildings and environmentally sensitive areas. The City of Coppell would support the expansion of our ability to apply greater distance requirements, noise mitigation standards and other control measures deemed necessary to protect our citizens from the problems caused by the gas exploration and production process. The associated air quality that has been well documented is also very important. 1. The exploration of the Barnett Shale in north Texas has led to much discussion regarding how communities can protect their citizens and business communities from the harmful effects of the drilling and operation of gas wells. 2. The rights of these companies to locate pipelines virtually any place they please is a frightening proposition. 3. Texas cities are to some degree severely hampered to regulate these activities due to current state law. 4. It appears that urban drilling was not contemplated when the legislation was passed. If it was contemplated, it was not done so effectively. Power Grid Hardening - Oppose any attempt by the State to require hardening of the Texas power grid to protect it from EMP/EMC effects IF the costs of such hardening would be passed along to the consumer. (This would be an incredibly expensive undertaking and the current "plan" is to have the utility companies pass the cost along through rate increases). Broadband and Smart Cities - Support the legislature in efforts to incentivize and recognize the importance of broadband, smart cities and the application of technology solutions through grants, awards, and other means. Texas should encourage the deployment of and assist whenever possible, cities efforts to modernize. The legislature in developing a statewide strategy must however recognize that there is no one size fits all solution as cities are ultimately responsible to their citizens desires. Additionally, local governments should receive market value for private for profit companies utilization or public property and public right-of-wa. Amendment to Chapter 327 Municipal Sales and Use Tax for Street Maintenance — Support an amendments to Chapter 327 which allows for all cities to request authorization from voters for up to ten (10) years and provides clarifications on use of the tax and ballot language related to reauthorization. Short Term Rentals — Support legislation preserving local decisions with regard to protecting neighborhood integrity ` e bill as presently w ago„ including the allowance of the Comptroller to collect the city's portion of tax; and to include the provision requiring the STR operator to be owner - occupied; and to require the home to be available on a limited portion or intermittent basis; and to require a short term rental to obtain specific use permit to regulate the terms and conditions of such occupancy_ Building Materials — Support legislation repealing and or amending HB 2439 which unnecessarily prohibited cities form regulating building products, materials or methods used in construction of residential or commercial structures. C',P FE L File ID: 2020-5393 Version: 1 File Name: Minutes 10/27/20 City of Coppell, Texas Master File Number: 2020-5393 Type: Agenda Item Reference: Title: Consider approval of the minutes: October 27, 2020. Notes: Sponsors: Attachments: CM 2020-10-27.pdf Contact: Drafter: Related Files: History of Legislative File 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: City Council File Created: 11/03/2020 Final Action: Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5393 Title Consider approval of the minutes: October 27, 2020. Summary City of Coppell, Texas Page 1 Printed on 11/6/2020 CFFELL Tuesday, October 27, 2020 1 2. KAREN HUNT Mayor CLIFF LONG Place 1 BRIANNA HINOJOSA-SMITH Place 2 WES MAYS Place 3 MIKE LAND City Manager City of Coppell, Texas Minutes City Council 5:30 PM MARK HILL Mayor Pro Tem GARY RODEN Place 4 NANCY YINGLING Place 5 BIJU MATHEW Place 6 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers Present 7 - Karen Hunt -,Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Nancy Yingling;Biju Mathew and Mark Hill Absent 1 - Gary Roden Also present were City Manager Mike Land and City Secretary Ashley Owens. City Attorneys Robert Hager and Shelby Pearcy, Deputy City Managers Vicki Chiavetta and Traci Leach were in attendance virtually. The City Council of the City of Coppell met in Regular Session on Tuesday, October 27, 2020 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order As a result of recent Declarations of Emergency made by Dallas County and the City of Coppell in regards to the current pandemic, Governor Abbott has permitted for governing bodies to meet remotely and to conduct open meetings virtually. Mayor Karen Hunt called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5:36 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room City of Coppell, Texas Page 1 City Council Minutes October 27, 2020 Section 551.087, Texas Government Code - Economic Development Negotiations. A. Discussion regarding economic development prospects located north of W. Sandy Lake Road and west of N. Coppell Road. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. B. Discussion regarding real property located south of East Belt Line Road and east of South Belt Line Road. Discussed under Executive Session 3. Work Session (Open to the Public) 1st Floor Conference Room Mayor Hunt adjourned the Executive Session at 6:03 p.m. and convened into the Work Session at 6:10 p.m. A. Discussion regarding agenda items. B. Discussion regarding Biodiversity Education Center Legacy Recognition. C. Smart City Board Update. D. Discussion regarding the upcoming 87th Regular Legislative Agenda. E. Coppell 2030 Summary. Presented in Work Session Regular Session Mayor Hunt adjourned the Work Session at 7:20 p.m. and reconvened into the Regular Session at 7:31 p.m. 4. Invocation 7:30 p.m. Councilmember Biju Mathew gave the invocation. 5. Pledge of Allegiance Mayor Hunt and the City Council led those present in the Pledge of Allegiance. 6. Citizens' Appearance Mayor Hunt advised that no one signed up to speak. Presentations 7. Report from Municipal Court Judge Kristine Primrose. City of Coppell, Texas Page 2 City Council Minutes October 27, 2020 Judge Kristine Primrose gave a report on the Municipal Court to City Council. Proclamations 8. Consider approval of a Proclamation naming the week of November 2-6, 2020, as "Municipal Court Week," and authorizing the Mayor to sign. Mayor Karen Hunt read the Proclamation into the record and presented the same to Municipal Court Judge Kristine Primrose. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Councilmember Nancy Yingling, that this Agenda Item be approved. The motion passed by an unanimous vote. 9. Consent Agenda A. Consider approval of the minutes: October 13, 2020. A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Cliff Long, that Consent Agenda Items A -C be approved. The motion passed by an unanimous vote. B. Consider approval of award for a one year contract renewal of citywide holiday decoration and lighting services; to Premier Lighting; beginning November 1, 2020 through October 31, 2021; in the amount of $147,085.00; as budgeted in the General Fund; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Cliff Long, that Consent Agenda Items A -C be approved. The motion passed by an unanimous vote. C. Consider approval of a purchase from GL Seaman and Company for furniture, fixtures and equipment for the Rolling Oaks Memorial Center, in the amount of $65,176.65 as budgeted; and authorizing the City Manager to sign any necessary documents A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Cliff Long, that Consent Agenda Items A -C be approved. The motion passed by an unanimous vote. End of Consent Agenda 10. Consider approval of a Resolution of the City of Coppell amending its CARES Act COVID-19 funding of local businesses through CARES Act Business Program grants , as amended, under the terms and conditions as set forth in Exhibit `A', which is attached hereto and incorporated herein, for qualifying local businesses as amended herein impacted by the COVID-19 Pandemic, as authorized by CARES Act; and authorizing the Mayor to sign. City of Coppell, Texas Page 3 City Council Minutes October 27, 2020 Presentation: Mindi Hurley, Director of Community Development, and Deputy City Manager Vicki Chiavetta made a presentation to the City Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Biju Mathew, that this Agenda Item be approved. The motion passed by an unanimous vote. Enactment No: RE 2020-1027.1 11. Consider approval of an Ordinance amending Chapter 9, Section 9-5 "House Trailers and Trailer Parks", of the Code of Ordinances to remove references to parking on public streets, to reference Trailer parks and Recreational Vehicles; and authorizing the Mayor to sign. Consider approval of an Ordinance repealing Chapter 8 `Traffic Regulations', Article 8-3 "Parking", Section 8-3-5 "Parking regulations of boats and certain vehicles in residential areas" of the Code of Ordinances by repealing it in its entirety; and, replacing it with a new Section 8-3-5 "Parking regulations of recreational vehicles, boats, buses, trailers in residential areas" in excess of forty-eight hours; and authorizing the Mayor to sign. Presentation: Chief of Police Danny Barton made a presentation to the City Council. A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved. The motion passed by an unanimous vote. Enactment No: OR 2020-1545 and OR 2020-1546 12. Consider approval to revoke and reject Bid #Q-0720-01 and award Bid #Q-0720-01 Emergency Vehicle Equipment and Installation, and consider approval to award Bid #Q-1021-02 Emergency Vehicle Equipment and Installation to Defender Supply for an amount not -to -exceed $340,000.00, as budgeted, and authorizing the City Manager or designee to issue appropriate purchase order(s). Presentation: Procurement Manager Charles Ellis made a presentation to the City Council. A motion was made by Councilmember Wes Mays, seconded by Mayor Pro Tem Mark Hill, that this Agenda Item be approved. The motion passed by an unanimous vote. 13. City Manager Reports - Project Updates and Future Agendas City Manager Mike Land reported that tomorrow night, Wednesday, the Parks and Recreation Department will be made aware of whether or not they have achieved re -accreditation for 2020, through the NRPA. Should re -accreditation be achieved, it will be the 10th straight year of accreditation for Coppell Parks and Recreation. Official announcements will be forthcoming. City of Coppell, Texas Page 4 City Council Minutes October 27, 2020 14. Mayor and Council Reports Report by the City Council on recent and upcoming events. Early Voting wraps up on October 30th. Please visit the city's Election page at coppelltx.gov/election to find polling locations and times. Election Day is November 3rd from 7 AM to 7 PM. 15. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. Report on Carrollton/Farmers Branch ISD and Lewisville ISD - Mayor Pro Tem Hill and Councilmember Hinojosa-Smith B. Report on Coppell ISD - Councilmembers Hinojosa-Smith and Mathew C. Report on Coppell Seniors - Councilmember Roden A. Mayor Pro Tem Mark Hill reported that C/FBISD students are still able to change their learning choice from remote learning to in-person learning. Free meal kits are available to pick up on Wednesdays. Mayor Pro Tem Mark Hill reported that Lewisville is monitoring and publishing daily counts of COVID-19 cases for students, virtual and in-person, as well as staff. B. Councilmember Brianna Hinojosa-Smith reported that Coppell ISD is celebrating Red Ribbon Week, October 26-30. The theme is "Be Happy, Be Brave, Be Drug Free". CISD is holding virtual activities in honor of Red Ribbon Week. Coppell's Homecoming is this Friday. Councilmember Biju Mathew reported that CISD is also offering free meals for in-person and virtual students. Thanksgiving break is November 23-27, 2020. 16. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Nothing to report. 17. Necessary Action from Executive Session 18. Adjournment There was no action resulting from Executive Session. There being no further business before the City Council, the meeting was adjourned at 8:34 p.m. City of Coppell, Texas Page 5 City Council Minutes October 27, 2020 Karen Selbo Hunt, Mayor ATTEST: Ashley Owens, City Secretary City of Coppell, Texas Page 6 C',P FE L File ID: 2020-5298 Version: 3 City of Coppell, Texas Master File Number: 2020-5298 Type: Agenda Item Reference: File Name: 151 Coffee Detail Site Plan Revision 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: City Council File Created: 09/06/2020 Final Action: Title: Consider approval of an Ordinance for PD-214R9R-C, 151 Coffee, a zoning change request from PD -214R9 -C (Planned Development -214 Revision 9 -Commercial) to PD-214R9R-C (Planned Development -214 Revision 9 Revised - Commercial) to attach a Detail Site Plan for a 857 -square foot building with drive-thru on 0.7 acres of land, located on the west side of S. Denton Tap Road, approximately 400 feet south of W. Sandy Lake Road; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Attachments: Cover Memo.pdf, Ordinance - 151 Coffee.pdf, Exhibit Enactment Number: A - Legal Description.pdf, Exhibit B - Detail Site Plan.pdf, Exhibit C - Landscape Plan & Tree Survey.pdf, Exhibit D - Elevations & Dumpster Enclosure.pdf, Exhibit E - Sign Plan.pdf Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: 1 Planning & Zoning 09/17/2020 Approved Commission 2 City Council 10/13/2020 Close the Public Pass Hearing and Approve Text of Legislative File 2020-5298 Title Consider approval of an Ordinance for PD-214R9R-C, 151 Coffee, a zoning change request from PD -214R9 -C (Planned Development -214 Revision 9 -Commercial) to PD-214R9R-C (Planned Development -214 Revision 9 Revised - Commercial) to attach a Detail Site Plan for a City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5298) 857 -square foot building with drive-thru on 0.7 acres of land, located on the west side of S. Denton Tap Road, approximately 400 feet south of W. Sandy Lake Road; and authorizing the Mayor to sign. Summary Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: November 10, 2020 Reference: Consider approval of the ORDINANCE for PD-214R9R-C, 151 Coffee, a zoning change request from PD -214R9 -C (Planned Development -214 Revision 9 -Commercial) to PD- 214R9R-C (Planned Development -214 Revision 9 Revised - Commercial) to attach a Detail Site Plan for a 857 -square foot building with drive-thru on 0.7 acres of land, located on the west side of S. Denton Tap Road, approximately 400 feet south of W. Sandy Lake Road and authorizing the Mayor to sign. 2030: Business Prosperity Executive Summary: This proposal is to construct an 857 -square foot coffee shop with an outdoor patio and a dual drive-thru on property that sits between the McDonalds and the Schlotzsky parcels on Denton Tap Road. Introduction: A portion of the lot is developed, with existing parking along the Denton Tap Road frontage. This infill lot has some challenges. It is rather narrow, irregularly shaped, partially developed and approximately half of it is covered with existing access easements. The request is to allow a coffee shop with an 857 -square foot building with 700 -square foot patio and a dual drive-thru. The PD Conditions requested by the applicant are recommended by staff. These relate to perimeter and overall landscape area, sign area and masonry requirements for the menu boards and are outlined below in more detail. 1. The perimeter landscaping is requested to be reduced because the majority of it is constrained due to existing site conditions. 2. The landscape area provided is roughly 24% landscape area as opposed to the 30% landscape area required. The applicant is proposing to use 5% of enhanced paving on the sidewalks adjacent to the building. This will bring their total area to 29%. The irregular shape of the lot with a long drive extension to Sandy Lake is an existing condition that significantly impedes the ability to meet the 30% requirement. 3. The applicant is requesting two 60 -square -foot attached signs (one on the north and south elevations). Typically, the sign area would only be allowed to be one square foot per linear foot width of the building fronting a dedicated street which in this case is 15 square feet. A 15 square foot sign would not be visible from Denton Tap. The building is longer than it is wide. Staff is recommending that the length of the building be used for this measurement. We would also recommend that both the north and south sides be granted this exception. 4. The applicant is requesting a variance to the masonry requirement for the four menu boards. Analysis: On September 17, 2020, the Planning and Zoning Commission recommended APPROVAL of PD-214R9R- C, 151 Coffee, subject to numerous conditions that were brought forward to City Council. On October 16, 2020, City Council unanimously APPROVED this Planned Development District subject to the following conditions that have been incorporated into the Ordinance. 1. Except as amended herein and as provided in this Ordinance, the property shall be developed and use in accordance with "C" Commercial District Regulations as set forth in Ordinance 91500-A-474 which is incorporated herein as set forth in full and hereby republished. 2. Ensure that all lights are shielded from the residential properties to the west and all onsite lighting meets the glare and lighting standards within Article 36 of the Zoning Ordinance. 3. Allow two 60 -square -foot building signs as depicted on the Sign Plan. 4. Allow four menu boards without masonry construction as depicted on the Sign Plan. 5. The hours of operation shall not exceed 5:00 a.m. to 10:00 p.m. Sunday through Saturday. 6. Allow an exception to the interior (parking lot), perimeter and overall 30% landscape area requirements with 24.5% proposed as depicted on the Landscape Plan. 7. Tree Removal Permit required prior to start of construction. 8. The speakers on the north and south elevations below the drive-thru canopies shall face east toward Denton Tap. The sound shall be kept at a level that is non-offensive to the neighboring properties and played only between the hours of 7:30 a.m. and 8:00 p.m. Legal Review: The City Attorney reviewed this Ordinance Fiscal Impact: None Recommendation: The Planning Department recommends APPROVAL. Attachments: 1. Ordinance 2. Exhibit A — Legal Description 3. Exhibit B — Detail Site Plan 4. Exhibit C — Landscape Plan & Tree Survey 5. Exhibit D — Elevations 6. Exhibit E — Sign Plan AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -214R9 -C (PLANNED DEVELOPMENT -214 -REVISION 9 -COMMERCIAL) TO PD-214R9R-C (PLANNED DEVELOPMENT -214 - REVISION 9 REVISED - COMMERCIAL) TO ATTACH A REVISED DETAIL SITE PLAN FOR A 857 -SQUARE FOOT BUILDING, OUTDOOR PATIO AREA, REVISED DRIVE-THRU CONFIGURATON, LANDSCAPING AND ELEVATIONS 0.7 ACRES OF LAND, LOCATED ON THE WEST SIDE OF S. DENTON TAP ROAD, APPROXIMATELY 400 FEET SOUTH OF W. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS `B" THROUGH "E"; AND PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-214R9R-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD -214R9 -C (Planned Development - 214 -Revision 9 -Commercial) to PD-214R9R-C (Planned Development -214 -Revision 9 Revised - Commercial) to attach a Detail Site Plan for a 857 -square foot building with outdoor patio area and drive-thru on 0.7 acres of land, located on the west side of S. Denton Tap Road, approximately 400 feet City of Coppell Ordinance Pg 1 TM 118912 south of W. Sandy Lake Road, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Property will be used, developed and maintained for Commercial uses and as a restaurant with a drive thru window, as defined and provided in the Code of Ordinances, as set forth in the Detail Site Plan, Exhibit B, is hereby approved subject to the following development regulations: A. Except as amended herein and as provided in this Ordinance, the property shall be developed, used and maintained in accordance with "B" and "D", Detail Site Plan and Elevation Plan, respectively, as set forth in Ordinance 91500-A-474 which is incorporated herein as set forth in full and hereby republished. B. The speakers on the north and south elevations below the drive-thru canopies shall face east toward Denton Tap Road. The sound volume shall be kept at a level that is non- offensive to the neighboring properties and played only between the hours of 7:30 a.m. and 8:00 p.m. C. That all external operated lighting shall be shielded eastward from the residential properties to the west; and, all external onsite lighting meets the glare and lighting standards within Article 36 of the Zoning Ordinance. D. Allow two 60 -square -foot wall signs and monument sign as depicted on the Sign Plan, Exhibit E. E. Allow four menu boards without masonry construction as depicted on the Sign Plan, Exhibit E. F. The hours of operation shall be between the hours 5:00 a.m. to 10:00 p.m. Sunday through Saturday. G. Landscaping shall be installed and maintained in accordance with the Landscape Plan, as depicted in Exhibit C. City of Coppell Ordinance Pg 2 TM 118912 H. Tree Removal Permit required prior to issuance of building permit in compliance with the Coppell Code of Ordinances. SECTION 3. That the Detail Site Plan, Landscape Plan Building Elevations, and Sign Plan attached hereto and incorporated herein as Exhibits "B" though "E"; respectively; and, are hereby deemed as development regulations to this development. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a City of Coppell Ordinance Pg 3 TM 118912 fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2020. APPROVED: KAREN SELBO HUNT ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY City of Coppell Ordinance Pg 4 TM 118912 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -214R9 - C (PLANNED DEVELOPMENT -214 -REVISION 9 -COMMERCIAL) TO PD-214R9R-C (PLANNED DEVELOPMENT -214 - REVISION 9 REVISED -COMMERCIAL) TO ATTACH A REVISED DETAIL SITE PLAN FOR A 857 -SQUARE FOOT BUILDING, OUTDOOR PATIO AREA, REVISED DRIVE-THRU CONFIGURATON, LANDSCAPING AND ELEVATIONS 0.7 ACRES OF LAND, LOCATED ON THE WEST SIDE OF S. DENTON TAP ROAD, APPROXIMATELY 400 FEET SOUTH OF W. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS "B" THROUGH "E"; AND PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 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Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: Engineering File Created: 11/02/2020 Final Action: Title: Consider approval of award for the contract to two separate contractors; each performing a share of the ADA sidewalk repairs and annual street and alley pavement repair program; in the amounts of $540,000.00 to F&F Construction and $360,000.00 to New World Contracting; for a total of $900,000.00; as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: Annual Street and Alley Memo.pdf, Annual Street, Alley and Sidewalk Bid Tab.pdf, Contract Award Split Calculations.pdf, New World Bidder Review Letter.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5383 Title Consider approval of award for the contract to two separate contractors; each performing a share of the ADA sidewalk repairs and annual street and alley pavement repair program; in the amounts of $540,000.00 to F&F Construction and $360,000.00 to New World Contracting; for a total of $900,000.00; as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $900,000 as budgeted in the Infrastructure City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5383) Maintenance Fund. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Kent Collins, P.E., Director of Public Works Date: November 10, 2020 Reference: Annual Sidewalk, Street & Alley Pavement Repair Contract 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • The budget amount is $900,000. • The project will be awarded to two separate contractors. • The first contractor will service the area east of Denton Tap with 60% of the budget. • The second contractor will service the area west of Denton Tap with 40% of the budget. • The contractors will have a 1 -year renewable contract for up to 3 years. Introduction: This agenda item is being presented for approval of awarding a contract to two separate contractors with each performing a share of our yearly sidewalk, street & alley pavement repair program. Analysis: In order to provide well-maintained City infrastructure, our concrete sidewalks, streets and alleys require ongoing maintenance and repair. Preventative maintenance and repair work will extend the life of the concrete paving. To increase the level of proactive maintenance and decrease the repair "down" time for resident requested repairs, a bid package was assembled to encompass sidewalks, alleys and streets. This should allow the contractor to service all concrete issues in one location with a single mobilization, to reduce resident inconvenience and increase contractor efficiency. Additionally, to ensure full coverage of the City in all concrete scopes of work, two contracts will be awarded for the same bid package. The two contractors were selected through the competitive low bid process (see attached bid tab). Staff re -bid this contract this year to ensure the city was receiving current competitive unit pricing. F&F Concrete was low bidder and New World 1 Contracting said it was second lowest bid. The thought process behind awarding two bids was to ensure adequate resources to complete all repairs in a timely manner. Approximately $100,000 of the total project will be for ADA improvements identified in the ADA Self Evaluation & Transition Plan presented to City Council on September 13, 2016. F&F Concrete will be awarded 60% of the project value to correspond to the area east of Denton Tap. New World Contracting will be awarded 40% of the project value to correspond to the area west of Denton Tap. Legal Review: The Purchasing Department has reviewed the documents and determined that this is an appropriate method of contracting with this firm. Fiscal Impact: The fiscal impact of this agenda item is $900,000, as budgeted in the Infrastructure Maintenance Fund. Recommendation: The Public Works Department recommends approval of this item. ON Bid Tabulation Summary Project Name: Sidewalk, Street & Alley Pavement Repairs PROJECT NO. 1021-03 BID NO. Q-1021-03 City of Coppell Bid Date: 10/22/2020 Date: 10/27/2020 Total Bids Submitted: 9 1 F&F Concrete $ 56,193.80 2 New World Contracting,LLC $ 59,438.00 3 NPL Construction* $ 63,743.97 4 SAZ Infrastructure $ 87,894.99 5 A T Construction, LLC $ 93,474.50 6 Arreguin Group, Inc.** $ 93,920.56 7 Advance Contracting Group $ 118,588.50 8 Ti -Zack Concrete, Inc. $ 125,317.00 9 HQS Construction, LLC $ 221,250.00 *Calculation error for total submitted by bidder **Total not provided on the submitted bid form 10/27/2020 J O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U U O O O O O O O O O O O O (a (a LO la la la lf') In In la la la la la la lf') In In la la la lf') In In 0 la la M M la O M O) O O O) O) O (� J 2 = N J C O U EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA O O O OO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Cj O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ((') O O ((') ((') O ((') O M ((') O N N g 0 M M ((') O N V g 0 M M 0 Lo O O Lo O Lo O Lo Lo 0 6 W N N H � o O U Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a) O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a- d O O O O O O O O O co W W r r r ((') 0 0 0 O O O O N O r N ((') r O ((') ((') O O a 0 O co 0 O( of of ( O O ( V O r V V r r 0 0 O O 0 O O O O O O r O > <o� Q O U d O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. .. 0 0 0 0 0 0 0 0 CO M M co CO CO co CO d' O O O N N N O O O O W co co I� �- O� O O O - � O CO � C U � C a) N Q w (fl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl w w w w w Efl O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O to o M N N O O O V M M O O O Q N J o O U Vj Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl to to to to to to to to to w w w w w w w w w w w w w Efl Efl Efl O O u O 0 0 O ( 0 r u 0 (n O r 0 0 Lo (n 0 I- Lo 0 0 Lo M 0 0 O ((') 0 r u7 0 (n O I- 0 (n Lo N M (n o) 0 (n Lo N N 0 N Lo (n N N N (n 0 r Lo 0 O V Lo ((') 0 N N 0 ((') O r 0 0 LO O O( LO N - r CO CO - of of of - r r CO CO COO COO COO I� c00 co � W MW W W � OOi OOi OOi W W W a a a OOi OOi OOi O O O W co co u t6 c — u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 u3 OC O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O .- O O M �- O ZN o O U Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O .-. 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X p) U U U U U Od Od Od Od a() U) V1 N N N d' d' p C C O U m° 0' Q� O s'Cp ¢fdTXHdXm MY WV0 2 L X Nm W ?'Np W>n p O DNCOD UNCOU UNCO p mN UtCCtC H U UpUp UpUp E 'Op= 'Np -2 ;t M V in O E E E 'XdO36 m VV V M V (n(p N �����UN N N N f H f E M V (� (p I� W o O N M V (� (p I� co o 0 O N O O M V O O O O O O O N W W co co co co co O) o 0 0 0 0 0 0 o O) 0 1z E ca o�S Y_ 3 a, cn 5. a, Q 4-: a, a, N V-1 N O N O N O N e O O Q Q O O cs Q c6 O 00 00 C O 3 uN p v°Ji Z IR O O Q O` a1 O O csQ O �a C N N O 06 a � Q 0 o Q O O O p O O O` a1 O O O O O O O O O O O O O O � +J cucu aJE -0 > Q cn O L L Q CL ECL Y aj o Q Q c ,1 O o N u H November 3, 2020 Jamie Brierton Project Manager City of Coppell RE: Sidewalk, Street & Alley Pavement Repairs Project o. 1021-0 Bid o. -1021-0 Ms. Brierton, Upon your request, Kimley-Horn and Associates, Inc. (Kimley-Horn) contacted references provided by New World Contracting, LLC (New World) to assist in your evaluation of bids on the above referenced project. Kimley-Horn spoke with the following references. Other references we attempted to contact were not responsive to our requests to discuss New World's qualifications. Mr. Kirk Iverson, Contract Administrator for the City of Irving Public Works Department, confirmed New World performed an annual maintenance contract and that the City of Irving recently renewed that contract. The contract amount was $1.1 million. He indicated there were no issues with New World and that they were responsive. There were some quantity discrepancies early in the project, but those issues have not been repeated. New World did not use any sub -contractors for the work. Mr. Iverson also stated that New World has handled temporary traffic control very well and they have been very responsive to any reported issues, even during weekends when no work is being performed. Mr. Mark Misun, Project Manager for the City of Frisco, confirmed that New World recently completed a roadway lane widening and U-turn construction on Dallas Parkway for the City in the contract amount of $1.2 million. Mr. Misun indicated there were some quantity adjustments, but all adjustments were handled fairly by New World. The project was not completed on time, but the delays were beyond New World's control. The project was completed within budget and Mr. Misun indicated New World did a good job on the project. New World did utilize sub -contractor's on the project and no issues were observed. There were no warranty issues. Mr. Misun stated that temporary traffic control was handled well and communication was very good. Mr. Misun indicated the City of Frisco would work with New World again. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Brad Rusk, CPC, CCCA City of Coppell, Texas C',P FE L File ID: 2020-5384 Version: 1 File Name: Annual Crack Seal Renewal Master File Number: 2020-5384 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: Engineering File Created: 11/02/2020 Final Action: Title: Consider approval for a second renewal of the contract with Scodeller Construction, Inc. to include crack and joint sealing work along major thoroughfares in the amount of $100,000.00; as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: Scodeller Crack Seal Memo.pdf, Scodeller Spec for Cracks and Joints.pdf, Scodeller Bid.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5384 Title Consider approval for a second renewal of the contract with Scodeller Construction, Inc. to include crack and joint sealing work along major thoroughfares in the amount of $100,000.00; as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $100,000 as budgeted in the Infrastructure Maintenance Fund. City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5384) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Kent Collins, P.E., Director of Public Works Date: November 10, 2020 Reference: Bid #Q-0617-01 Crack & Joint Sealing- Renewal #3 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • Pavement crack and joint sealant must be replaced periodically to extend the useful life. • In 2017, the low bidder for the project was Scodeller Construction Inc., at an average price of $2.80 per linear foot. • The contract included renewal options. • Due to the previous success of the crack sealing operation, staff recommends exercising the third renewal with Scodeller Construction, Inc. Introduction: This agenda item is being presented for third renewal of the contract with Scodeller Construction, Inc., in an amount of $100,000.00 as budgeted in Infrastructure Maintenance Fund (IMF) for FY 2020/21. The contract has optional renewals for one more year. Analysis: This project will start in the winter of the 2020/2021 fiscal year. We are meeting with the contractor to review the locations and set the schedule. Sealing will be completed on East Sandy Lake Road from Macarthur Blvd. to Denton Tap, and other major thoroughfares. Scodeller Construction, Inc. has relevant experience working with the City as the crack seal contractor for the last eight years. Their previous work history indicates they can complete the project within the budget and the time allowed. This contract includes crack and joint sealing work along major thoroughfares. As with previous crack sealing operations, street access will be restricted during the work. Work during the day will be 1 limited to the hours of 9AM to 4PM. Night work is likely on major thoroughfares, as in previous years, from 9PM to 6AM along Sandy Lake Rd. from MacArthur Blvd to Denton Tap Rd. Legal Review: The City's standard contract was utilized for this project, which is reviewed by the City Attorney periodically. Fiscal Impact: The fiscal impact of this Agenda item is $100,000.00, as budgeted in IMF. Recommendation: The Public Works Department recommends approval of this item. Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT T H E C I T Y O F COPPELL X A c 1 8 SEAL / RESEAL PAVEMENT CRACKS & JOINTS Specification To extend pavement life, crack and joint sealants must be placed or replaced periodically. Correct sealant application and maintenance minimizes infiltration of surface water and incompressible materials. Manufacturer's instructions for installation will be followed at all times. MATERIALS All random cracks, transverse/ longitudinal saw joints and expansion joints will be sealed with Dow Corning Sealant 890 SL, Tremco Spectrum 900 SL or approved equal designed for sealing concrete pavements. A self - leveling silicone product is recommended for all horizontal surfaces. Sealant will be gray in color. Bidders will be required to submit the silicone brand and blend they intend to use on the job if different than listed above in their bid documents. Appropriate Backer Rod will need to be installed in joints. Zip Stripe / Redwood / Black Board at joints, will need to be pulled / removed, prior to backer rod and sealant installation. Curbs - random cracks in curbs, transverse saw joints and expansion joints in curbs will also be sealed. Cold joints of asphalt pavement to concrete pavement will be sealed with the silicone product approved by the manufacturer for that purpose. UNSEALED Unsealed random cracks, saw joints either transverse or longitudinal, and expansion joints will be prepared for sealant by sawing with a diamond saw blade. Flail type routers will not be allowed. PREVIOUSLY SEALED Resealing consists of five steps: 1. Removing old sealant. 2. Shaping the reservoir. 3. Cleaning the reservoir. 4. Installing the backer rod. 5. Installing the sealant. 1. Removing old sealant Removing the old sealant and cleaning the joint faces are required steps. The following processes are approved for use in Coppell. • Manual CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 1 Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT • Sawing Sawing with diamond blades. • Plowing Plowing can be used for removal of most of the old sealant. • Cutting A worker may run a knife blade along the face of the joint. Note: All debris and old sealant will be collected and removed from the pavement prior to the opening of the affected lanes of traffic. All debris and sealant will be disposed of properly in accordance to any and all applicable local, state, and federal laws & regulations. All methods require cleaning the joint faces prior to installing new sealant. 2. Shaping the reservoir The contractor will be responsible for insuring that the proper depth of the reservoir is determined and applied to the various conditions that may be encountered to help prevent and insure the proper sealant depth to width ratio per the manufacturer's specifications Shaping may be unnecessary if the sealant was removed by hand and the existing reservoir provides adequate dimensions. Sawing out the old sealant typically provides an adequate reservoir. Some minor spalling along the joint face will not inhibit performance of most sealants. However, some patching may be needed for larger spalls. A city representative will need to be contacted concerning locations encountered requiring repair. Resealing pavements containing plastic, redwood, or metal joint inserts require first removing the insert. Afterward, sawing provides smooth vertical faces for the new sealant. 3. Cleaning the reservoir Reservoir faces require a thorough cleaning to ensure good sealant adhesion and long-term performance. No dust, dirt, or visible traces of old sealant will remain on the joint faces after cleaning. No chemical solvents will be used to clean the joint reservoir. Proper cleaning requires mechanical action to remove any contaminants. Use the following procedures: 1. As soon as practical after sawing, the slurry and/or saw dust will be removed via manual or mechanical means from the pavement prior to being opened to traffic and disposed of in accordance to any and all applicable local, state, and federal laws and regulations. 2. After the joint has dried sufficiently, sandblast the joint to remove any remaining residue. Do not sandblast straight into the joint. Hold the sandblast nozzle close to the surface at an angle to clean the top inch of the joint face. One pass along each reservoir face provides texture to improve sealant adhesion. 3. To ensure that the sealant enters a clean reservoir, air blast the joint and pavement surface to remove sand, dirt, and dust just before pumping the sealant. Make sure the air compressor does not introduce oil into the lines because this will contaminate the joint faces. The compressor should deliver air at a minimum of 120 cubic feet per minute and develop at least 90 psi nozzle pressure. Use a vacuum sweeper and hand brooms to keep the surrounding pavement clean. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT Note: As much as is practical, traffic and/or neighboring property both public and private shall be shielded from excessive dust, any spray, and/or all flying debris. Windy conditions could warrant a delay to protect the public from these conditions. 4. Installing backer rods Backer rod is required for all transverse / longitudinal saw joints and expansion joints. The use of backer rod in random cracks is not necessary but may be useful to reduce the quantity of sealant applied. Install backer rods after cleaning the joint but before installing the liquid sealant. The backer rod must be compatible with the liquid sealant and have a diameter about 25% greater than the reservoir width. Backer rods will be placed with a double -wheeled, steel roller or similar tool that will force backer rod into the joint uniformly to the required depth. Slightly faulted joints may require a single -wheel roller. Ensuring that the backer rod is at the proper depth cannot be overemphasized. The insertion wheel will be rolled over the backer rod twice to help insure proper depth is obtained. Installation of backer rod where necessary will be deemed as subsidiary to joint sealant pay item. No separate pay item for backer rod installation. S. Installing the sealant Silicone Sealant Before installing the sealant, check for dirt and dust on the reservoir walls. If traces of contamination are found, the joint will need to be cleaned again. Sealant is to be installed per manufacturer's written instructions. The reservoir walls must be dry before installing any liquid sealant. The sealant will be recessed at least'/4 to 3/8 inch below the surface of the pavement. Vertical faces (including curbs) require Non -Sag Silicone Sealant rather than self -leveling. The same brand of sealant will be used to repair damaged sections, replace defective seal or in locations where sealant is tested. Any seal may be examined after installation. A knife blade may be pushed down along the joint face to check for sealant adhesion. A loose, effortless penetration indicates adhesion loss, while good adhesion provides resistance. Sections failing this test will require replacement. Final testing of silicone sealant curing will and can only be completed after 14 to 21 days. A 2 -inch -long sample of sealant may be removed for testing. The segment will be stretched about 50% for about 10 seconds before releasing it. A fairly fast and uniform relaxation of the sample indicates adequate curing. Slow rebound and curling of the sample indicates differential curing. The curl results from the upper (cured) seal retracting faster than the lower (less cured) portion. Sections failing this test will require replacement. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3 Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT General Measurement These Items will be measured by the linear foot by types listed in the bid document. Additional measurements or calculations will be made if adjustments are required. Payment The work performed and materials furnished will be paid for at the unit price bid for "Crack and Joint Sealing/Resealing" or of the types specified. This price is full compensation for all items necessary for a turn- key project, not to exceed. Hours of Operation The work performed during the day is restricted to between the hours of 9 AM until 4 PM. At no time will any lane of a thoroughfare be obstructed or restricted except during these hours. Nighttime work will be an option for portions of major thoroughfares where activities will not adversely affect residents. 48 hours of notice of intent to perform nighttime work is required. Holiday work will not be permitted. Weekend work may be permitted with prior authorization. Contractor will be responsible for inspector's overtime pay at a rate of $54.00/hour for weekend work. Completion of Work Work shall commence within 10 days of Notice to Proceed. Notice to Proceed will be issued at a time that is agreeable to both the contractor and the City of Coppell. All work must be completed within the specified calendar days of the Notice to Proceed. Safety The contractor will be required to submit general work zone plans based on the Texas Manual on Uniform Traffic Control Devices for each type of zone activity anticipated. The contractor shall also be responsible to supply and deploy the devices identified in a manner consistent with those plans. A message board will be required for each cardinal direction of the activity on major thoroughfares. The message board will be deployed 3 days before the activity is to occur for the cardinal direction affected, with the date(s), times, activity, and information specific to what the motorist may encounter. Arrow boards will be utilized for lane closures. All vehicles within a work zone shall be equipped with and utilize conspicuous hazard lighting that rotates or strobes during use in addition to standard hazard lights. All contractor vehicles shall be conspicuously marked with company name and contact information. The City reserves the right to reject any safety device that is deemed to be ineffective or otherwise in such a condition that it doesn't serve the purpose intended. Replacement of the device should be as soon as practical unless it is a personal safety device in which case the person affected should not continue to work until the device has been replaced or repaired as the situation dictates. Barricading will be deemed subsidiary to joint sealant pay item. No separate pay item for barricading. Environment The City has a commitment to preserving the environment. All debris from this work activity shall be collected and disposed of in accordance with federal, state, and local laws and regulations. The contractor shall prevent debris from entering storm drain systems. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4 Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT Dispersal of dust and debris should be minimized through frequent clean up, vacuuming, and/or other dust control measures. Equipment Furnish and maintain vehicles and equipment in good working condition. Use moisture and oil traps in air compression equipment to remove all contaminants from the blasting air and prevent the deposition of moisture, oil, or other contaminants in the cracks, joints, or on the surrounding roadway surface. Chronic leaks of oils, fuels or other fluids typical of vehicles and equipment will not be tolerated. The contractor will be required to provide a two (2) year bond on all work performed. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5 Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT Location: This project will begin after October l' of 2017/2018 Fiscal Year. Sealing will begin on E. Sandy Lake Rd. at Eastern City Limit, progressing west to MacArthur Blvd. completing all westbound lanes. Once this section is complete, the work will progress east to eastern city limit completing all eastbound lanes. Any remaining funds in this contract or subsequent renewals will be used in other areas of town including E. Sandy Lake Rd. from MacArthur Blvd. to Denton Tap Rd., N. Coppell Rd. and other major thoroughfares. Crack and Joint Sealins/Resealins Item No. Description Bid Price Per LF 1 Random Cracks Sealed or Re -Sealed on Concrete Streets 2 Redwood Expansion Joints Sealed or Re -Sealed on Concrete Streets 3 Construction (Saw) Joints Sealed or Re -Sealed on Concrete Streets Total payments for this contract shall not exceed $100,000.00. Sealing shall progress up until the time the maximum distance for the combined sealed cracks and joints reaches as near as practical to the total value of the contract. The contractor will be responsible for determining the point at which further work will exceed the maximum allowed for this contract. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6 SDo Ur-- Lte-V-1 BID Q-0617-01 CRACK AND JOINT SEALING COOPERATIVE PURCHASING As permitted under Government Code, Title 7, Chapter 791.025, other governmental entities may wish to cooperatively purchase under the same terms and conditions contained in this contract. Each entity wishing to utilize the contract must have prior authorization from the City of Coppell and Contractor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. The City of Coppell shall not be held responsible for any orders placed, deliveries made, or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract. IS YOUR FIRM WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO UTILIZE THIS CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND CONDITIONS? — X -sr— YES Scodeller Construction, Inc., 51722 Grand River Wixom, MI 48393 NO CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13 BID Q-0617-01 M/WBE STATUS CRACK AND JOINT SEALING CERTIFICATIONS AND REPRESENTATIONS IS CERTIFIED AS A: (CHECK ONE, IF APPLICABLE) DISADVANTAGED BUSINESS ENTERPRISE MINORITY-OWNED BUSINESS ENTERPRISE WOMEN -OWNED BUSINESS ENTERPRISE PLEASE ATTACH OFFICIAL DOCUMENTATION FROM THE STATE OF TEXAS OR OTHER QUALIFIED CERTIFICATION AGENCY OF M/WBE STATUS OF YOUR COMPANY WITH THIS BID/PROPOSAL. *****NOTE***** THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT AFFECT THE BID AWARD. (SUBMISSION OF THIS INFORMATION IS NOT A REQUIREMENT) ,✓�- 5. awl Vl� CITY OF COPPELL - PURCHASING DEPARTMENT - 265 PARKWAY BOULEVARD - COPPELL, TEXAS 76019 Page 14 BID Q-0617-01 CRACK AND JOINT SEALING Location: This project will begin after October 15f of 2017/2018 Fiscal Year. Sealing will begin on E. Sandy Lake Rd. at Eastern City Limit, progressing west to MacArthur Blvd. completing all westbound,lanes. Once this section is complete, the work will progress east to eastern city limit completing all eastbound lanes. Any remaining funds in this contract or subsequent renewals will be used in other areas of town including E. Sandy Lake Rd. from MacArthur Blvd. to Denton Tap Rd., N. Coppell Rd. and other major thoroughfares. Crack and Joint Sealing/Resealing Item Description Bid Price No. Per LF I Random Cracks Sealed or Re -Sealed on Concrete Streets 2 Redwood Expansion Joints Sealed or Re -Sealed on Concrete Streets 3 Construction (Saw) Joints Sealed or Re -Sealed on Concrete Streets Total payments forth is contract shall not exceed $100,000.00. Sealing shall progress up until the time the maximum distance for the combined sealed cracks and joints reaches as near as practical to the total value of the contract. The contractor will be responsible for determining the point at which further work will exceed the maximum allowed for this contract. \J, L CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23 BID Q-0617-01 CRACK AND JOINT SEALING Company Information Company Name: C/o &I S / 0/-1 Address:cS l %22 &/ZA;c("�, 61yif 2 �V f�� d �PM� m-5, 4�3 4X 3 Phone Number: 24-8 Fax Number: 2 4(- D 'l-,>-7 �f / 1,0 Contact Person: rr//k M osl,,1` IN -s v,.i ``%&-d\ E-mail Address: �(ye u 10"'A , Gp 1A CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24 C',P FE L File ID: 2020-5385 Version: 1 City of Coppell, Texas Master File Number: 2020-5385 Type: Agenda Item Reference: File Name: Annual Concrete Lift Renewal 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: Engineering File Created: 11/02/2020 Final Action: Title: Consider approval to utilize the City of Grand Prairie's contract with Nortex Concrete Lifting and Stabilization, Inc., as authorized by Texas Local Government Code, Section 271.102, to perform annual street repair/mud jacking program; in the amount of $100,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: Nortex Mudjacking Renewal Memo.pdf, Pavement Leveling Services - Renewal.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5385 Title Consider approval to utilize the City of Grand Prairie's contract with Nortex Concrete Lifting and Stabilization, Inc., as authorized by Texas Local Government Code, Section 271.102, to perform annual street repair/mud jacking program; in the amount of $100,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $100,000 as budgeted in the Infrastructure Maintenance Fund. City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5385) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 T H E • G I T Y • 0 F COPPELL, L MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Kent Collins, P.E., Director of Public Works Date: November 10, 2020 Reference: Pavement Leveling (Mudj acking) Annual Contract 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • This request is a renewal of the annual contract for concrete lifting & stabilization • The City has utilized this program for street repairs/mud jacking successfully in the past to eliminate areas of ponding water and uneven pavement due to pavment settling • Methods such as leveling for preventive maintenance are cost effective for extending the life of the pavement Introduction: This agenda item is being presented for approval to utilize the City of Grand Prairie's contract with Nortex Concrete Lifting and Stabilization, Inc., as authorized by the Texas Local Government Code, Section 271.102, to perform the annual street repair/mud jacking program. Analysis: To provide well-maintained City infrastructure, concrete streets and alleys require some lifting and leveling occasionally. When water ponds in the gutter line, but the street is still in good shape, concrete slab lifting will be employed to allow positive drainage. This is considered preventative maintenance and will extend the life of the street. In addition to lifting and leveling to solve minor drainage issues, this same technique and product can be used to level slabs on multi -lane roadways when slabs are uneven. Belt Line Road south of Southwestern is a good example where differential settling occurs when the subgrade has voids created by water infiltration and reinforcing between joints has deteriorated. Nortex provides these services using a polyurethane foam injection method commonly referred to as "Uretek" injection. The City has been using the Uretek method for leveling streets and alleys for over 15 years in the form of annual maintenance contracts. This contract has a unit price of $3.93 per lb. of foam, with a total contract amount of $100,000.00. Legal Review: The Purchasing Department has reviewed the documents and determined that this is an appropriate method of contracting with this firm. Fiscal Impact: The fiscal impact of this agenda item is $100,000.00, as budgeted in IMF. Recommendation: The Public Works Department recommends approval of this contract. Contract Coversheet -T E X A S - Dept: * PUrchasung For: Public Works Contact Angi IMize Contact Name: Phone: Vendor Nortex Concrete Lift & Stabilization Name: Project Name: Pavement Leveling Services Summary final renewal Permanent Retention* Contract 6758 R2 ID: Bid 16137 Number: 8262 Contact aniize@gpi�x.org Email: * Vendor casey@frranklunfoam.corn Email: Yes , No Contract Amount Total Contract Amount over all terms $ 632,730.00 $ 3,163,650.00 Account# Work Order # Implementation Date Termination Date Council Approval Date 11/1/2020 10/31/2021 11/15/2016 Contract Approvals Department Manager: (,X, mrDate 8/31/2020 City Attorney Signature Date 8/31/2020 City Manager Signature fe fir; Date 9/2/2020 City Secretary Signature Date 9/2/2020 CITY OF GRAND PRAIRIE AMENDMENT TO PRICE AGREEMENT THIS AMENDMENT is made and entered into this date by and between the CITY OF GRAND PRAIRIE, a Texas municipal corporation (hereinafter referred to as the "CITY"), and NORTEX CONCRETE LIFT & STABILIZATION INC. (hereinafter referred to as "VENDOR"). W14EREAS, the CITY and VENDOR have entered into a price agreement to provide pavement leveling services per bid award resulting from vendor's response to RFB 416137, submitted by Gary l"ranklin on August 8, 2016 (tile "Agreement"); and WHEREAS, the above referenced agreement was for an initial term of one year with the option to renew for four additional one year periods, totaling $3,163,650.00 if all extensions were exercised. The Agreement was effective as of November 16, 2016, and is to terminate at midnight on October 31, 2017, unless the pat -ties mutually agree in writing to extend the terin of the Agreement through an allowable renewal option, or unless otherwise terminated as provided in provided in paragraph XVI of the original Agreerrient; and WFIf"'REAS, the first of four available renewal options was executed oil July 31, 2017 and extended the term of the contract through October 31, 2018; and change order #1 was executed on November 30, 2017 adding grinding services; and the second of four available renewal options was executed oil August 23, 2018 and extended the term of the contract through October 31, 2019; and the third of four available renewal options was executed oil October 3, 2019 and extended the term of the contract through October 31, 2020; and WHlREAS, the above referenced agreement provides that CITY may request changes in the scope and f0CUS of activities Linder this agreement; and WHEREAS, the CITY has determined that we may require the services provided Linder this agreement of soil densification with high density polyurethane which were not specifically priced in the original bid response; and WI.-JEREAS, the VENDOR has agreed to perform said additional services as stated in Exhibit A; and NOW, 1TIEREFORE, for and in consideration of the mutual acts and covenants set out herein, the CITY and VENDOR agree as follows: The parties mutually agree to add provisions for soil densification; and The CITY agrees that the price quoted is acceptable and in the best interest of the (,]TY; and. 2. 'I'lle parties mutually agree to extend the term of the contract and execute the final of the four available renewal options and extend the contract expiration to midnight on October 31, 2021 at which time all of the work called for under this Contract must be completed unless the parties mutually agree in writing to extend the terra of the Contract through an additional allowable renewal Option, 01', unless otherwise terminated as provided in provided in paragraph XVI of the original contract; and AMENDMENT PRICE AGREEMENT CONTRACT RF13 #16137 Page 1 of 3 (City Standard Form—Revision June 2020) 3. The estimated annual amount to be paid to VENDOR Linder such contract shall remain the SLIlTl of $632,730.00, to reflect the contract renewal; and 4. VENDOR shall obtain and shall continue to maintain at no cost to the CITY, in full force and effect during the term of this Contract, a comprehensive liability insurance policy with a company licensed to do business in the State of Texas and rated not less than "A" in the current Best Key Rating Guide, which shall include bodily injury, death, automobile liability, worker's compensation, and property damage coverage, in accordance with any CITY ordinance or directive. The minimum limits for this coverage shall be $1,000,000.00 per occurrence / $2,000,000 aggregate for general liability and for property damage, and $1,000,000 combined single limit for automobile liability unless modified in accordance with any ordinance or directive. Insurance obtained by VENDOR shall be primary and noncontributory, and CITY shall be named as all additional insured under the general liability and automobile policies. A provision shall be incorporated in the policies whereby CITY shall be given at least thirty (30) days prior notice of any material change in coverage or of cancellatioll of such policies, and Vendor shall provide the City with a copy of any such notice of material change in coverage or cancellation of any such policies, within three (3) business days of its receipt of such a notice. For purposes of this section, a material change in coverage includes, but is not limited to, a reduction in coverage below the amounts required under this agreement. VENDOR shall provide a waiver Of'SUbrogation in favor of the CITY on all coverages, and represents that it has taken all actions necessary Linder the policy or policies for the City to have the status of additional insured and to effectuate any required waiver of subrogation. VENDOR shall furnish the CITY with original copies of the policies or certificates evidencing such coverage prior to commencement of any work under this Contract; and This shall constitute an authorization for extension of the Agreement as set out in the agreement between the parties, and an amendment to such Agreement. All of the terms and conditions of the original Agreement shall remain in Full force and effect, as amended hereto, unless set Out otherwise herein. 6, NOTICES All notices, requests, or other communications (excluding invoices) hereunder must be in writing and transmitted via overnight courier, email, hand delivery, or certified or registered mail, postage prepaid and return receipt requested to the CITY and VENDOR as follows: CITY: City of Grand Prairie ATTN: Dane Stovall Manager I Streets 1821 S SFI 161, Grand Prairie, `FX 75052 PO Box 534045, Grand Prairie,TX 75053-4045 Phone 972-237-85261 I"'inail dstovall(u gptx.org VENDOR: Nortex Concrete I-ift & Stabilization, Ine, ATTN: Gary Franklin, Title 201 NW 26th , Fort Worth, "I"X, 76164 Phone 817-831-12401 Email casey@,frank I in foam. coin AMENDMENT PRICE AGREEMENT CONTRACT RFB #16137 Page 2 of 3 (City Standard Form—Revision June 2020) Any notice required or desired to be given to either party hereto shall be deemed to be delivered: (i) on the date of delivery, if hand delivered or emailed; (ii) one (1) day after sending, if sent by overnight courier; or (iii) three (3) days after the same is deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States ofAmerica and sent by registered or certified mail, return receipt requested, and addressed to Such party at the address hereinafter specified. Either party hereto may change such party's address for notice to another address within the United States of America, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. E1'XEC(Y'fEl) this the —_--day of_„ 9/2/2020 20 CITY OF GRAND PRAIRIE, TEXAS Deputy City Manager ATTEST: 617" V1 C_ ED Cathy El. DiMaggio, City Secretary APPROVED AS TO FORM: 3 Megan Maian, City Attorney NORTEX CONCRETE LIFT & ST F Printed Name: 0eig Title: AMENDMENT PRICE AGREEMENT CONTRACT RFB#16137 Page 3 of 3 (City Standard Form—Revision June 2020) � Exhibit Addendum proposal for RFB 16137 for Pavement Leveling Services, considering soil densification with high density polyurethane Description: Injection of high density polyurethane foam material to densify and stabilize the weak/loose soils in the sub -base of the roadway, Preparation: If necessary, Dynamic Cone Penetrometer testing will be performed at the site to determine the injection depth or depths below the roadway. if not required, the injection depth or depths will be agreed upon before injections by both the municipality and contractor. Drilling: Use drilling operations that do not damage the surrounding concrete. Drill injection holes with diameters 8-5/8 inch through the concrete as proposed oras directed. Injection depths will be no less than 4ftand nogreater than 15 ft. Insert tubing to specified depths into drilled holes. Injection: Inject high-density polyurethane formulation into the placed tubes at the depths specified by the engineer or determined by the Dynamic Cone Penetrometer testing. Cease injection once when directed, no improvement isobserved, ormaterial extrudes from locations other than slab penetrations. Take precautions to prevent the intrusion of injected material into any drainage facility and other structures. Remove any excessive polyurethane material after the nozzle is removed from the hole. Seal the hole with an approved method and material. Grade Control: Laser levels, and dial gauge indicators will be used to properly monitor the surface aLinjection points. Once alifting movement begins totake place shown onthe monitoring equipment, the contractor will know that injection hole area has been properly densified. The Engineer may check the treated area to confirm that the pavement has been properly densified. Contractor shall be responsible for any pavement blowouts as well as excessive or uneven pavement moving. Contractor shall fix or replace damaged area to the satisfactory ofthe engineer. Measurement: The polyurethane material shall be paid for by the pound calculated on the certified flow meters already required within RFP 16137 Pavement Leveling Services.. Payment: The quantity of material actually used based on the contract unit price shown below. Only those item/sonthe pricing form shall bepaid for directly. All other labor, tools, and equipment shall be considered incidental to the contract item/s. Items: Unit Price per Unit Measurement : Injection Depth 4 — 12 FT LB $5.45 Terms: All existing terms, rn8tBh@l requirements, contract procedures and clauses are required under this addendum. Lv2, "I w� k 9 1 a [of -A 1 :901 a q DATE (MM/DDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bondtex Agency 147 West Main Azle, TX 76020 INSIRED M Nortex Concrete Lift & Stabilization, Inc. David Simpson 201 NW 26th St. Fort Worth, TX 76164 Faith Lane (8171747-2663 COVERAGES CERTIFICATE NUMBER: 00003890-1576163 REVISION NUMBER: 146 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT–ro WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IC "AbPOLICY FF P Y 5 X P ��wUvbnRl­­ R TYPE OF INSURANCE C E lNnnbC ID1YYY1 LIMITS POLICY NUMBER (MM01ySyyyl MOI LT/0 A X COMMERCIAL GENERAL LIABILITY Y Y CA000017139-08 11109/2019 11/09/2020 EACH OCCURRENGE........, 1,000,000 DAMAGE 11 t2ENTED 50,000 CLAIMS -MADE X OCCUR (R4kscurrence), $ --- - - ----------- ----- MED EXP (Any ane person) $ 5,000 PERSONAL &ADV INJURY IAQO-0110-09 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 PRO - POLICY JECT LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AU'IOS ONLY AUTOSPKbPERtY-bAMK6t HIRED NON -OWNED ..... ....... $ AUTOS ONLY AUTOS ONLY (Per, accident) A X UMBRELLA LIAR I V1 OCCUR GX000000186-04 11/09/2019 11/09/2020 EACH OCCURRENCE $ 1,000,000 EXCESS LIAR AGGREGA'E $ 1,000,000 DED RETENTION $ $ B WORKERS COMPENSATION Y 0002041319 12/09/2019 12/09/2®20 X PER Ol'Ii- AND EMPLOYERS' LIABILITY Y/N ANY PriOPRIEFOR/PARINF.R/E-.XECUIIVt:: E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I A 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below G.L. DISEASE -POLICY LIMIT $ C UMBRELLA MKLV4EUE100269 12/12/2019 11/09/2020 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The coverage shown above is primary and not additional to or contributing with any other insurance carried by or for the benefit of the Additional Insureds. CERTIFICATE HOLDER CANCELLATION (D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by FZL on August 24, 2020 at 04:29PM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Grand Prairie THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 534045 Grand Prairie, TX 75053 AUTHORIZED REPRESENTATIVE )-1 6, " '?/wEar (FZL) (D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by FZL on August 24, 2020 at 04:29PM CERTIFICATE OF LIABILITY INSURANCE TE (MM/DDIYYYY) 8 /24 /202 0 PRODUCER HALE'Y (.,ARTEP, E)ITATE Y.'ARM THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 328 W MAIN S'T., S'['EI AZ]LE, TX /6020 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (-.'Irarid Pra.rtr?, TX 75053-4045 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR -- -------- INSURERSAFFORDING COVERAGE -- ------ NAIL # ... ....... .. INSURED NORTEY CONCRETE LIF'T & STABIL1ZATJ�ON, 1NC. INSURERA.Stat",e Firm Mul.,.ual. Auto Compariy 251.78 . . ......... --- ---------- --------.............. $ 201. NW 26'P11 S'1' INSURER R COMMERCIAL GENERAL LIABILITY INSURERC. FOR'll' WORTH, TX -76164 INSURER D� MED EXP An one arson INSURER E: r "s—.WT±W.4�9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ... ....... --------------- ------ - - ..... ..... ... . ..... .... ........... . ... .... INSR-A`DDT1 ov(5i:l ION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY ) DATE (MMIDD/YY) LIMITS (-.'Irarid Pra.rtr?, TX 75053-4045 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR GENERAL LIABILITY REPRESENTATIVES. AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY MED EXP An one arson $ CLAIMS MADE 'CUR PERSONAL & ADV INJURY $ - - - ------ - ------ . ........ . ......... . GENERAL AGGRE - ATE $ PRODUCTS-COMP/0PAGG, GENL AGGREGATE UMIT APPLIES PER: PRO POLICY [-] JECT LOC A XAUTOMOBILE LIABILITY 96 0'13'7-1W1.-43 07/01/2b 07/01/2 1. COMBINED SINGLE LIMIT (Ea accident) 1 , 0m), 000 ANY AUTO X ALL. OWNED AUTOS SCHEDULED AUTOS BODVLY INJURY Per person) $ . . .............. . . . . . . ........... .. .. X X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ — .................. .. . . ...... ..... PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY �AUTO ONLY - EA ACCIDENT $ ANY ALTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR [::] CLAIMS MADE AGGREGATE $ DEDUC1 IBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU,j OTH- ITORY LIMITS I ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If as , describe Linder S ECIAL PROVISIONS below E L. DISEASE - POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS C:i,ty of Pra].rie ].s as additional imsured wit-rh waiver of sub.roqat;ion R,FIR IrI61:�7 Pcjynic,rjl- LLvcic�i,nq 0 1014 IN IWO11 III I*] "q At,10111.) &0 tZU1,11111.110) I ne registration Notices maiCatU owile[SHIP 01 Efle ITIaIK5 Uy Irleir IeSpeCIIVe OWFIerS LVAili tVKI'VKA I!VN 'I U00, ZUU 1 132549 03-13,2007 All rights reserved SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C,il�y of Gyand Pra Lrie Purchas.i.ng Depart.,flierit DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PO Box 53404,`,i NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL (-.'Irarid Pra.rtr?, TX 75053-4045 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �TJDY BUTLEIRI, SSA At,10111.) &0 tZU1,11111.110) I ne registration Notices maiCatU owile[SHIP 01 Efle ITIaIK5 Uy Irleir IeSpeCIIVe OWFIerS LVAili tVKI'VKA I!VN 'I U00, ZUU 1 132549 03-13,2007 All rights reserved C',P FE L File ID: 2020-5386 Version: 1 City of Coppell, Texas Master File Number: 2020-5386 Type: Agenda Item Reference: File Name: On -Call Pumping Northlake 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: Engineering File Created: 11/02/2020 Final Action: Title: Consider approval to extend the contract term for an additional year with Barco Pump; for On -Call Temporary River Pumping based on the specification associated with the Northlake Untreated Water System; as part of the design solution for an untreated water pumping solution to deliver water from the Elm Fork of the Trinity River into North Lake; in the amount of $127,524.00; as designated in CIP funds; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: Barco On Call Pumping Northlake Memo.pdf, Barco Pricing Exhibit.pdf, Barco On -Call Pump Bid Tab.pdf, CSP Recommendation - On -Call Pumping.pdf, Barco Northlake Contract 082418.pdf Contact: Drafter: Related Files: History of Legislative File Ver- Acting Body: sion: Date: Action: Sent To Text of Legislative File 2020-5386 Enactment Date: Enactment Number: Hearing Date: Effective Date: Due Date: Return Result: Date: Title Consider approval to extend the contract term for an additional year with Barco Pump; for On -Call Temporary River Pumping based on the specification associated with the Northlake Untreated Water System; as part of the design solution for an untreated water pumping solution to deliver water from the Elm Fork of the Trinity River into North Lake; in the amount of $127,524.00; as designated in CIP funds; and authorizing the City Manager to sign any necessary documents. Summary City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5386) Fiscal Impact: Funds are available in the North Lake CIP fund for this contract. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Jamie Brierton, Capital Programs Administrator Date: November 10, 2020 Reference: On -Call Temporary River Pumping to North Lake 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • The City has a contractual obligation to operate North Lake within a specified water elevation of a 1 foot "operating pool depth" and a contractual obligation to provide irrigation water for the property surrounding North Lake • In 2017, the City completed a planning -level Northlake Water Supply Study with Brown & Gay Engineering recommending a raw water pumping solution by rehabilitating the inoperable power plant intake pump station and existing 42" pipeline. Subsequent analysis of the project by Kimley-Horn Associates determined that the cost to rehabilitate the pump station and pipeline was significantly greater than anticipated and alternative approaches were developed. • City staff and Kimley-Horn collaborated to develop a more economical operational solution that does not require significant infrastructure rehabilitation cost. This solution utilizes temporary contract pumping services to refill the lake on an as -needed basis using the existing pipeline. • The continuation of this on-call pumping solution, in combination with the minor intake pump station site improvements, was in lieu of permanent replacement of the existing intake facility, which had been estimated to cost $7.2 million plus additional pumping energy and pump station maintenance costs. • This on-call pump was installed in 2019 and has been in place, tested and is ready to pump when Northlake levels drop to an elevation near the 1 -foot operating pool depth agreement. • To date, The City of Coppell has not had to operate the pump, as rainwater has kept the lake within the contractually -required levels. Introduction: This agenda item is being presented to approve to continue the contract with Barco Pump for On - Call Temporary River Pumping based on the specification associated with the North Lake Untreated Water System. History: North Lake was built in 1957 by Dallas Power and Light (later known as Luminant) as a cooling pond for a steam electric generating plant. In 2010, the power plant was decommissioned and by 2012, ownership was transferred to the City of Coppell. Cypress Waters soon began to develop around the lake. In the agreement with Cypress Waters, the City was responsible for lowering the pool elevation by 25 feet, constructing a new spillway, and lowering the elevations of the main and saddle dam. Construction of these modifications by the City was complete in 2014. North Lake has a normal pool elevation of 485 -ft. The City had a commitment to maintain the elevation of the water surface of North Lake by summer 2018. The City also has a commitment to provide up to 1250 acre-feet of water annually to Cypress Waters for irrigation purposes. An analysis of water supply alternatives identified untreated water pumped from the Elm Fork of the Trinity River as the preferred alternative (compared to purchased potable water or drilling water wells). Further analysis identified this on-call pumping solution as a more cost-effective delivery method compared to the replacement of the existing intake/pump station. The City approved the original On -Call Pumping solution August 28, 2018. Following the construction of the site improvements, the pump was installed and tested. Analysis: This project was awarded to Barco Pump in 2018 in the amount of $174,963.00, which included mobilization, fuel allowances, 12 months of pump rental/monitoring and demobilization. The Contractor did set a skid -mounted pump adjacent to the existing intake on the Elm Fork of the Trinity River. This pump skid will continue to monitor pump performance, the river levels, alarm conditions and operating systems via an internet connection accessible to City staff. When North Lake reaches a pre -determined water elevation, the City directs the contractor to begin pumping from the river. This water flows into the existing 42 -inch pipeline and exits via the existing outfall structure at North Lake until the desired lake level met, at which time pumping operations is stopped. This is a request for the continuation of the On -Call pumping (monthly monitoring and rental) services for fiscal year 2020-2021. Legal Review: The City Attorney has reviewed the original contract. Fiscal Impact: The fiscal impact of this Agenda item is $127,524.00 as provided in CIP funds. Recommendation: The Public Works Department recommends approval of this item Northlake Raw Water Pump Budget 2021 Monthly Rental Monthly Monitoring Annual Rental & Monitoring Budget This is just for the rental and monitoring. Any fuel of if the demob was to be completed would change the pricing. $ 8,842.00 $ 1,785.00 $10,627.00 12 $ 106,104.00 12 $ 21,420.00 12 $ 127,524.00 $ 127,524.00 NORTH LAKE RAW WATER SYSTEM — ON-CALL TEMPORARY RIVER PUMPING UNIT PRICE BID SCHEDULE BASE BID Item Bid No. Quantit Unit Descri tion and Unit Price in Words Unit Price Mobilization, installation, all hoses, gauges, Total Price meters and ancillary items need for startup and testing including connection to existing pipeline, Complete In Place, I-1 1 LS Twenty Two Thousand Four Hundred Fifty Six $ 22,456.00 $ 22,456.00 Dollars and Zero Cents er LUMP SUM Monthly rental fee, including system service and maintenance, hoses, gauges, meters and ancillary items needed to provide on-call 1-2 pumping, complete, 6 MO Fiaht Thonand Fi d Fo � ght Hundr� rt} Troo Dollars $ 8,842.00 $ 53,052.00 and Zero Cents er MONTH ALLOWANCE for direct cost of fuel, Three I -3A 17,000 GAL Dollars and Fifty $3.50 $59,500 Cents er GALLON Delivery and service cost of fuel, One 1-313 17,000 GAL Dollars and Zero Cents $ 1.00 $ 17,000.00 er GALLON Monthly web -based system and flow monitoring and control, complete, One Thousand Seven Hundred Eighty Five 1-5 6 MO Dollars and Zero $ 1,785 $10,710.00 Cents er MONTH Demobilization, including removal of all equipment and restoration of site, Complete In Place, 1-6 is Twelve Thousand Two Hundred Forty Five Dollars $ 12,245.00 $ 12,245.00 and Zero Cents Der LUMP SUM 1-18 Pt*oposal Documents I TOTAL BA S E BID (A) Items #I- I THRU #1-6 S $174,96100 I. Communications concerning this Bid shall be addressed to the address of PROPOSER indicated on the applicable signature page. 1 PROPOSER, understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Proposers). 3,. The terms used in this Proposal which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions, �D The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quant' ties will be adjusted accordingly, Total Tangible Personal Property- MEMMEN PROPOSAL GUARANTY A Proposal Guaranty shall be provided in accordance with Item 102.5 of the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. SUBMITTED ON 07/26/2018 Signature: 1-19 Proposal Documents Quahfication Statement 00450-3 tissued for Bidding June 26, 2018 Nlan`ldng address (principal place of brslness; Physical address (principal place of business): 0 Renaissance Blvd., Ste. 400 Ding of Prussia, PA 19406 Telephone (rna[n number): ' 62--444-70�14 Telephone (claims notices); 40 Name of Local Agent for Soret y: ig �in of arxu Insurance Agency, Inc. i er@ :ggin of am -net the state of: NH Texas?is surety auuthorized to provide surety bonds In the state of yes 0 No Ing ceutifucates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury? �Yes C3 No NEEMENRIMM"M Name n an Provider The Charter Oak Fire 'nsu rance Company y of' 'ur r ce Pro" r r t e Insurance Company de 0 0 an a a tj under d e h I a w o and ng n s of the state of: Texas ro'�� f Is c Poratj n organized g izd existing e is Provider se authorized ss e insurance u a n ce po�icjes i e S t , ? 2 yes �_3, ro er If ' d or to issue i n the State of Texas? 2 yes No Does 5 P ro e a M. Best8 of _Vjj 1 0 r B tt r7 e vider have n A. Bating A e e 2 Yes �O Yes D No Bailing Address PrIncipaI Place of business) One Tower Square, Hartford CT 06183 Physical Adhress(Principaf place ow f business) One Towner Square, Hartford CT 06183 _ Telephone Main) 1 -800-328-2189 Telephone (for Notice of Claims) 1-800-238-6225 Local Agent for Provider Higginbotham Insurance Agency, Inc. Address for Local Agent 500 1'3th, St, Ft, Worth TX 761012 Telephone for LocaI Agent 817-336-2377 Qualification Statement Issued for Bidding 00450-4 June 26, 2018 List projects that have been completed with the Owner over the last five years. If more than ten projects, list only the most recent. Project Name Year 1 6" Diesel Pump Puchase PO#2015-00002412 (Christa Christian- Originator) 20�15 Year 12 5 2 6" Pump, Purchase PO#00-659 1 9 1 999 3 Emergency Bypass job (2) 6" Pumps and 400' Discharge 4 1998 S 6 7 8 . . .... 9 lo Years of experience in projects similar to the proposed project: A As a general contractor :s a: joint venture L� 25 Years As a �jointventwu p, ii i i ii:: i MA 5 a a p Has this or ��Parrcipating or a —predecessor organization ever been disqualification as an offeror by any focal, state, or federal agency within the last five years? 7 v. 7, Years 7 1:1 Yes ER No If yes provide -full details in a separate attachment. See attachment No. 2A Has this or a participating or a predecessor organization ever been barred from contracting by any local, state, or federal agency within the last five years?? E Yes EX No If yes provide full details in a separate attachment. See attachment No. 3A Has thus or a participating or a predecessor organization been released from a bid or proposal In the past five years? El Yes CZ No If yes provide full details in a separate attachment. See attachment No, 4A Has this or aft particIpating or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? El Yes 2 No If yes provide full details in a separate attachment. See attachment No. SA H'as this or a participating or a predecessor organization ever refusedto construct or refused to; provide materials defined in the contract documents? El Yes 1Z No If yes provide full details in a separate attachment. See attachment No, 6A Has this or.a participating or a predecessor organization ever refusedtoconstruct or refused to provide materials defined in a change order? El Yes EZ No If yes provide full details in a separate attachment. See attachment No. 7A Has this or a participating or a predecessor organization ever been barred from contracting by any local, state, or federal agency within the last five years?'? El Yes L� No If yes provide full details in a separate attachment. See attachment No. SA Is this or a participating or a predecessor organization currently —involved in any litigation or contemplating litigation? F-7 Yes 19 No If yes provide Full cletails, in a separate attachment. See attachment No. 9A Qualification Statement 0045,0-5 Issued for Bidding June 26, 2018 00 o O 11N O O N O O _ C p O M- U O C E CL > J m o a W "' a) Li E cu CU ,+ cocua N E O (V 0 U m c C,$ to C O aJ � cu U °° .0 N O L U O c O 0) C Q O O c •i m 0 Cl) E O a O 0 o 0 N N N `� C •� 0 C _= C) a (O% 0 Ccu 0 O .a O V CMO M C O C O O LL O a) J O O O m co M N c0 m a) E N O J O M CO C O � aO O N I� CO Cl) C ° O 0. 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U m a) •^ O 0 w 0 •'—C' L O pO cu .= = c4 m o U d i m �. c Lu L U 0) v I- c LL 0 Z = L m () O U O C R 0 E ° a m E p 0 E H O O 0 c 0 O v 2 v O Q i U C O C 0D m C C oz a) C O u c .� p c E = L E m 0 v v u a p C v v a L° v 0 U a c E +� 0n m C o a° v v a o v C ° 3 v- u p " o a O U U i U O U 0 •p t�(v i u - O ° QJ 0 C f'V v u m ° v v v v c i ,� is U L — U L a� L C — u i+ m i+ O u c u v c O m v E v v v a C o> L CL 0 c .� �+ n aJ a) 'o aJ a 0 aJ 00 Ln C U aJ u O m o w O o o v 3 v o o v o E v c U w m Z a` CvJ a Y Z z u a CO a Y Z O m a m S v E a v u a U Y Z z O u C N I ffiA CL Q E G7 J '27 C' C6 Q. ' wcn ca ti QoS co CL E G7 J C' Q. ' wcn ca QoS CiE �^coc c .w letcu 1 .0 SRF' E z C J PG M 0 CLb fid: 47 CL 0 p^-� C. CL ,N -0 5a6 U co 00 G7 J C' ' wcn ca QoS CiE �4d CF C U as ix a) rZ 0 'Z" CD CD CL P C3 b v Qt1' QML. CD o) Q:7 Q.A L �J c CL Re Qk,I "3 z 7D LSA is "CSS Q4F LJ C4' C Li U Q to (ry Q7 ,. 0'Y CL 4n co C w � c ZI ms CµA s, lIIRcn i'. r ai M C { � a r Barco Pump pilans to raise the pad elevation, bringing the pumping unit base to an elevation of 442.5 feet. After cleaning and sealing the pumping unit's integrated fuel tank, Barc!o will construct a 2 foot tall environmental containment berm around the newly constructed pad. The risk of fluid contamination into the river will require a water level greater than 444.5 feet, or approximately 13 feet above the standard river pool elevation of 44 feet. According to USGS historical chart, 444.5 feet of river elevation has only been recorded I time in the previous 10 years. Barco Pump will install a pressure transducer inside a perforated PVC pipe which will be anchored in the riveri. The installed transducer will be wired to a programable dual channel controller, allowing Barco to monitor river levels and program alarm condition notices. All pertinent system, conditions can be monitored over the internet while alarms are broadcast via email and SMS messages. Alarms will be set to broadcast at a river elevation of 436 feet which provides ample time to deploy staff and mobilize equipment to remove On-Calil Temporary Pump and Fuel ra Tank, eliminating the threat of contamination. The' ised'elevation,pad provides for! an adonal 8 feet� f rise in water elevation to mitigate risks ofriver levels 1 0 1 reaching the pumping units, therefore reducing potential contamination risksfrom 35% to 12%,. 3,7gr Zr�- i=&S 88055WO EIM Fk Trinity RV nr Carrollton, rx 1�', pr""',�pcFA Barco Purnp TurTdrey Solutions I �2 CLIENT -ACCESSIBLE RE!MOTE PUMPING OPERATIONS CONTROL ANIZ REPORTING IMP, controrTox for tne operation of this system. With the use of this box we can monitor& and alarms for: Fuel level Engine Temp Suction Vacuum Discharge Pressure Discharge Flow River Elevation Voltage Engine RPM Fault Codes Load Percentage on Engine Oil Pressure Engine Run Hours for servicing !tarco Pum will utilize our Barco PumagL% �- i�p - 4* flimigjunwrigMf -*NXTM#W� -i @�Avv -t **Ar##e# + system. With the use of this box we can control the pumps: Start/Stop Manually Auto Start/Stop Parameters Adjust Engine Speed The controller operates via 3G cell service as well as satellite based iridium (limited reporting) service with the the ability to add up to 16 users capable of viewing and/or controlling the system, Below is a snapshot of the virtual control panel as seen in the web based platform. This gives us and owner full insight into exactly what the installed system is doing and allows us to optimize the fuel burn to discharge flow for the best value. Panel'View - P22-600 Ajar," statvm Keyswftch Engimm State Or, I, stmt A�ta Ma 01 Stop sand P00 Command 15rrtd Get: rAPS Cmid Pvqkw Poe Ametw's N-% RPM ramp voltq. "an - Lo" 3250.3 1501 190 IF 26,5 48 PSF 6844 S-60 Nuftael. Fk— App A01) P-- Ole Le"I po-sywucry PST 'D 0 lu,W-t :0 V— � Pz.,-Wo �el &K RPM Setpa�nt 18.3 GRH 102 La.t M.9 wq�l CELL Initials, arca Pump Turnkey Solutions -E MraTTAIMEN! TWE M 111 With the use of the O'Rourke cloud -based fuel monitoring system and auto refill program along with monitoring from the Barco Panel Telemetry this will be an easily controlled system to keep the operation on schedule and pumping water. The fuel tank will be a 1,000 gallon double wall tank within a containment pan on site and will be set to reorder fuel when the level gets to ISO gallons in the tank. This will automatically be dispatched and through O'Rourke cloud -based monitoring and delivery system. For ease of billing on the fuel we will proved the Rack Price sheet for the day that shows what the price of the diesel from the distributor. There will also be the applicable taxes and a $1.00 per gallon service fee. This will ease the billing and assure that the city is receiving the best value and most transparent billing Barco can offer, See Attached Bulk Fuel Agreement. Initials: Bamo Purn,p Turnkey Solutions J; , BARCO PUMP TURNK�EY SOLUTIONS BULK FUEL PRICING AGREEMENT ULSD #21 Red -Dyed' Diesel' Flint Hill Resources Rack Price 04110/2019 Total Gallons Delivered $1.9960,, + Dyed DSL Fuel Totals -Price Per Gallon Tax, $,,0061 PG 300gallons Red Diesel $1.99,60 S + $0.0,061 $2�.0021 Per Gallon Delivered Based on 800 gallons Delivered, Note: Service fee is arerrteedl and Wit not change for the duration of the project. Total Cost per galbn will be the rackpirice: and tax paid + service fee of $1.00 per gallon. Minirnumgallons for delivery is 650 gallons or a blanket service Service Fee: $1.00/gl' fee of $650 + Rack, Druce and taxes is the price, SAMPLE I � $00 gallons @ $3,0021= $240,148, 9960, + SAMPLE 2: 1600 gaillons @ $3.0864 = $ 185114 Rack PPG. $1.9960 + Dyed Diesel Tax ($,0061} = $2.00121 per gallon $2.00211 Doer gallon + $650 Service Fee = $10854 1000g, Fuel Tank Containment Pan W11 be provided at no charge, 132* SMARTank Fuel Satiffte Monitor Wil also be provided at no cost to Barco Pump, Thank you, Lee Joie: I TurnKey Solutions 940 Hensley Ln Wylie, TX 75096 8174285691 214-o-08-3851 Initials: Biarco has offered temporary pumping systems and monitoring in North Texas since the 80's, proving Barco as one of the longest standing reliable pump options for North Texas. With a growing demand for the contracting market and to also still offer great service to our rental customers; Barco Pump developed our "Turnkey Solutions" Division to focus on our full service "Contract" customers and free the local branches to focus on their core "rental" and "service" customers. The TKS group is dedicated to securin,�* and managing projects directly as a General Contractor or as a Sub -Contractor, with support from our local branches, for service and P.M. support. With a dedicated division to TKS projects and the correct staff Barco is able to stay engaged in the projects and accomplish systems to exceed our customers -.!xpectations and keep projects on strict timelines. Lee Jobe! has been involved in the sales, bidding, design and implementation of temporary pumping systems for 12 years. He started in Outside Sales with Sunbelt Pump and Power in 2006-2008. He then tooli a Project Manager role with Gajeske, Izc. in the Pump Solutions division and managed project up to $2,000�, 000 and ISO MGD Capacity. Lee then joined the B arco Pump team to start the Turnkey Solutions division in 20 IS. As Division Manager Lee Jobe is responsible for all processes of each project, and is the primary contact from inception through the bidding and contract processes. Greg Ward — Project Manager Greg Ward joined the Barco Pump in 2008 as an Outside Sales role an became! the Bra I nch Manager of the Oklahoma City Branch in 20 10. With his great success in both of these roles,, he was then promoted to Central Texas / Oklahoma Regional Sales Manager and over saw all Sales, for the San Antonio, Wylie, and OKC branches. His passion for Turnkey work made him the perfect fit for our Project Manager role, within t h e d ivisi fiQl i *�# '-%W �# le 7 r customers once the project is under contract and being constructed to the end. ME -TWIT, Leonardo Correa started his in -field career at Sunbelt Rentals Pump & Power as a fusion technician in 2008. He then moved to Gajeske, Inc Pump Solutions and a Crew Lead in 2010 through 2016. In 2017 Leonardo' accepted the Superintendent position with Barco Pump and continues to implement systems that not only perform beyond customers expectations but also are clean, neat, and safety conscious to make sure everyone goes home in the same condition they arrived to the site that day. His role as superintendent is to implement, the system that both best works for the customers needs and the site conditions. August 8, 2018 Mr. Kent Collins, PE Assistant Director of Engineering City of Coppell 265 E. Parkway Blvd. Coppell, TX 75019 Dear Mr. Collins: Competitive Proposal Award Recommendation North Lake Raw Water System On -Call Temporary River Pumping Proposal No. 156 Proposals Opened: July 17, 2018 Kimley-Horn and Associates, Inc. is pleased to provide this letter summarizing the competitive proposals received for the City of Coppell for the North Lake Raw Water System - On -Call Temporary River Pumping. This letter serves to document the collaborative evaluation process utilized to determine the Contractor offering the best value to the City. Two proposals were received and reviewed by City Purchasing on July 17, 2018. Kimley-Horn evaluated the qualifications of each proposer and found both to be qualified to perform the work. As outlined in the Request for Proposals, the competitive proposals were scored by a City -consultant committee of three senior civil engineers familiar with the work and the ranking criteria. Barco Pump had the lowest proposed contract price and scored the highest on the approach to the project, resulting in their proposal scoring the highest. The detailed Offer Evaluation Worksheets and Summary are attached to this letter for your reference. Below is a summary of the proposal evaluation. Item Criteria lPoints XYLEM BARCQ Proposed Contract Price and Contract Time A Proposed Contract Price $268,894.00 $174,963.00 Difference between amount offered and low offer $ 93,931.00 $ - Point Value 70 45.5 70.0 B Contractor's Approach to the Project 15 &0 14.0 C Experience/ qualifications of key personnei Total Points 15 13.5 55.0 14.0 98.0 Please let us know if you have any questions. You can contact me at phone number (972) 776-1739 or troy.hotchkiss kimley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Texas Registered Engineering Firm F-928 Troy R. Hotchkiss, PE Project Manager 1 LO O a) cm co 0- L 0 0 0 00 0 o -:1 4 00 �o rn O O1 U � OC � m 0o 0 Ln o Ln o 0 co cvi Ln -:t oo m 00 � N � X ate-' o Ln Ln O a a) O 3 O a) — E � a) H c U +, L C O Q O O L M U 4 � a) 1e i � C s Ln U u L m CO U +, 4- (6 O O U U M L 4 , a-+ L Q _ O N FL u Q U 'a N -O (1) C Oa) N O U 4' O d p d CO a x O U L a � ar wQ CO U O c -I N M Ln l0 I- 00 0) 01 Z LO O a) cm co 0- L 1 LO O N N 1) co 0- 00 O O O O O M M 6 M 1- c-1 c -I Ol 0 o, U � OC a m o 1n o o 1n O Uf 1-� N 4 �t c I to C G C( LLI 00 J XN O 1n 1n Ln O a a� C C O L Q V) O 4- Q t6 U O O 0 Q }I y L d F O U N a 4-.O CL Q' O o U 3 N 3 u } i o Q 6 > > OC O OC Q Q C: U O L � L O U O O O + + C N G/ G/ G/ i C .� C Q C ~ i~ a w 0 a0+ m o m U U a y 4 00 m Q co u c-1 N M Rt 1n to r- co Ol 0 0 0 Lu � z LO O N N 1) co 0- 7 0 l - LO 4- 0 M N O) co 0- N s >0 O U N N V) L O N 4--; 0 l - LO 4- 0 a� 0) co 0- 0 00 0 0 0 o Uri Uri o m r- -i r -i o rn O U � OC a m o Ln o o Ln o Uri cvi Uri cvi rn 00 ui 00 J XN o Ln Ln Ln O a a� C: C: O L Q O Q is U O �� O '0 Q y d O U N a s C: +� o O +� s c' U �~_ m O CL s CL c 0 Q U N L O U U U m i m .� L 4� L L N C .� � Q a U U Lu O a� G/ Q m () O c -I N m Ln l0 I- oo Ol O0 ate+ H Z LO 4- 0 a� 0) co 0- BARCO PUMP 940 Hensley Lane Wylie, Texas 75098 TURN KEY SOLUTIONS AGREEMENT This Agreement is made this day of , 2018, between City of Coppell, Texas (Customer) and Bartholow Rental Company, d/b/a Barco Pump. ("Barco Pump" or "Supplier"). The work described in Section 1 below, and attached as Exhibits hereto, shall be performed in accordance with the terms and conditions of this Agreement for the project known as: North Lake Raw Water System On -Call Temporary River Pumping ("Project"). Barco Pump and Customer are collectively known as ("Parties'). RECITALS WHEREAS, Barco Pump is a corporation that specializes in providing pumping equipment and systems to various industries; WHEREAS, Customer desires to engage Barco Pump as an independent contractor to perform the Services (defined below) in accordance with the terms of conditions of this Agreement, and Barco Pump desires to accept such engagement. AGREEMENT SECTION 1. SCOPE OF SERVICES. Barco Pump agrees to furnish all labor, materials, equipment required to complete its work on the Project as further described in "Exhibit V attached hereto ("Services"). Customer agrees to pay Barco Pump the fee ("Fee") as described in "Exhibit 1". Customer acknowledges that many of Barco Pump's services are performed on a monthly basis (twenty-eight (28) day rental cycle) and charges may be reoccurring. Further, any amount of days past the twenty-eight (28) day rental cycle will result in an additional month's rent at the agreed upon rate as found in "Exhibit 1". The term of this Agreement shall commence on the Delivery Date (as defined in Section 5) and the initial rental period shall begin upon final mobilization by Barco Pump of the pumping equipment, based upon the timeframe agreed upon by the Parties and shall continue, month to month, until the Project is complete, or as defined in "Exhibit 1". The Parties may agree, however, to a weekly rental rate in an amount no less than fifty percent (50%) of the monthly rental rate. Any negotiated weekly rental rate must be agreed upon in writing prior to the completion of the project. The Parties understand that Barco Pump is engaged as an independent contractor to perform and provide the Services. BARCO PUMP—TURNKEY SOLUTIONS AGREEMENT Page 1 of 5 SECTION 2. PRICE AND PAYMENT. Customer agrees to pay Barco Pump for the performance of its work according to the terms and conditions herein. Further, Contractor shall make all payments directly to Barco Pump, on no less than a monthly basis, or as invoices come due, at its place of business located at 940 Hensley Lane, Wylie, Texas 75098. Rental fees, service fees and/or any other applicable fee or pricing are based on net thirty (30) day terms, unless otherwise stated in the customer's credit agreement or Project Proposal ("Exhibit 1"). "Default" of this Agreement shall be defined to include, but not be limited to: failure to pay invoices when they come due, and failing to perform obligations under the terms of this Agreement. SECTION 3. TAX. Tax is not included in the price of any quote, and the Customer is responsible for providing a tax-exempt certificate for the Project, if applicable, prior to the start of the Project. Moreover, in the event the Project is not tax-exempt Customer shall be responsible for paying all applicable tax associated with Barco Pump's services at the Project. Further, if Barco Pump relies on a tax-exempt certificate, provided by the Customer, and it is later determined that the Project, or Barco Pump's services on the Project, are not tax-exempt, than Customer shall be liable for any tax liabilities incurred by Barco Pump in connection with the Project. SECTION 4. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Customer and Barco Pump and supersedes any prior written or oral representation. In the event Customer is bound by the terms of a Prime Contract with an owner, or otherwise, this Agreement shall govern the relationship between Customer and Barco Pump and shall supersede said Prime Contract as it relates to Customer and Barco Pump. SECTION 5. TIME. Time is of the essence of this Agreement. The Parties shall agree on a time frame for the work to commence for the Project ("Delivery Date"), and based upon said Agreement Barco Pump shall provide Customer with scheduling information for the delivery of the pumps and other equipment. Barco Pump shall coordinate, to the best of its ability and for items within its control, its work with that of all other contractors, subcontractors, suppliers and/or materialmen. SECTION 6. DELAY. Delays in work, including but not limited to setup, bypass, tear down, etc., outside the control of Barco Pump, including weather delays or those caused by Customer, its agents, or any other third party, shall be attributed to Customer, and Customer shall remain liable to Barco Pump for all rental periods, based on the twenty-eight (28) day rental cycle, as they accrue. SECTION 7. CHANGES IN WORK. Customer shall make no changes in the work covered by this Agreement without written notice to Barco Pump; Barco Pump must accept and/or approve all changes in work. Notice must be given in writing, either in hand, or by certified mail, return receipt requested. Barco Pump shall be compensated for any changes to the original Agreement based BARCO PUMP—TURNKEY SOLUTIONS AGREEMENT Page 2 of 5 upon the terms as set forth in "Exhibit 1", or as otherwise agreed by the Parties in writing. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement. SECTION 8. PREP WORK. The Parties acknowledge that Customer is responsible for site prep and turf work required for the Project (including but not limited to: site work for placement and access; traffic control; and site remediation required for pump system). Any and all required prep - work will need to be performed before, during, and after Barco Pump performs its obligations on the Project. Consequently, Barco Pump assumes no liability for delays caused by Customer, the weather, or any other third party, in preparing the site prior to the commencement or removal of the pump systems. It is the supplier's responsibility to protect the environment around the system and protect same from damage. SECTION 9. INSPECTION AND PROTECTION OF WORK. Barco Pump shall make the work accessible at all reasonable times for inspection by the Customer. Barco Pump shall at the first opportunity inspect all material and equipment delivered to the job site by others to be used or incorporated in the Barco Pump's work and give prompt notice of any defect therein. SECTION 10. TERMINATION. Barco Pump may terminate this Agreement, without cause, by giving Customer at least thirty (30) days prior written notice. Customer may terminate this Agreement, without cause, by giving Barco Pump at least thirty (30) days prior written notice, provided that Customer has paid Barco Pump for all services actually performed to that point. Upon termination of this Agreement all amounts owed to Barco Pump shall be immediately due and payable. In addition, if either party hereunder defaults in the performance of any obligation hereunder and said default is not cured within 10 business days after written notice thereof is sent to such defaulting party, in hand, by certified mail then the non -defaulting party may thereupon terminate this Agreement for cause by giving written notice of such termination to the defaulting party, such termination to be effective as of the date specified in such notice. SECTION 11. MUTUAL INDEMNIFICATION. Each Party shall defend indemnify and hold harmless the other Party, including Affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all Claims of Third Parties, and all associated Losses, to the extent arising out Of (a) a Partys gross negligence or willful rniscondLICt in performing any of its obligations Linder this Agreement, or (b) a material breach by a Party of any of its representations, warranties, covenants or agreements under this Agreement. SECTION 12. INSURANCE. Not Applicable to this Contract. BARCO PUMP—TURNKEY SOLUTIONS AGREEMENT Page 3 of 5 SECTION 13. DISPUTE RESOLUTION. All claims, disputes and other matters in question between the Parties arising out of the Agreement, shall be subject first to Mediation in Collin County, Texas, or another venue agreed to by the Parties. If the claim or dispute cannot be resolved through Mediation then the Parties are free to pursue any available remedy at law, however, any suit shall be brought in Collin County, Texas. Nonetheless, the Parties waive all rights to a Jury Trial in any civil action brought based upon a breach of this Agreement, or otherwise associated with this Agreement. SECTION 14. ATTORNEY'S FEES. Customer shall be liable for all costs of collection, including attorney's fees and costs of court, arising from Customer's default or breach of this Agreement. SECTION 15. BARCO PUMP NOT RESPONSIBLE FOR WORKERS' COMPENSATION. No workers' compensation insurance shall be obtained by Barco Pump concerning Customer or the employees of Customer. Customer shall comply with the workers' compensation law concerning Customer and the employees of Customer, and shall provide to Barco Pump, upon request, a certificate of workers' compensation insurance. SECTION 16. NON -WAIVER. The failure of either Party to exercise any of its rights under this agreement for a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. SECTION 17. NO AUTHORITY TO BIND COMPANY. Customer has no authority to enter into contracts or agreements on behalf of Barco Pump. This agreement does not create a partnership between the parties. SECTION 18. DECLARATION BY CUSTOMER. Customer declares that Customer has complied with all Federal, state and local laws regarding business permits, certificates and licenses that may be required to carry out the work to be performed under this Agreement, including but not limited to the right of way permits and access on site. Further, Customer declares that all necessary permits shall be in place before the Project start date. SECTION 19. CHOICE OF LAW. Any questions, controversies, claims, disputes, arbitration or litigation arising from or relating to this Agreement shall be governed by the laws of the State of Texas without regard to the application of rules of conflict of law. Venue for all disputes under this Agreement shall be a court of competent located in Collin County, Texas. SECTION 20. AMENDMENTS. This agreement may be supplemented, amended or revised only in writing by agreement of the Parties. SECTION 21. SEPARATE RIGHT TO COUNSEL. Both Parties acknowledge and agree that they BARCO PUMP—TURNKEY SOLUTIONS AGREEMENT Page 4 of 5 have a separate right to counsel and have had the time and opportunity to consult with counsel of their own choosing. Customer acknowledges that it has had sufficient time to have counsel of its own choosing review this document. SECTION 22. HOW NOTICES SHALL BE GIVEN. Any notice given in connection with this Agreement shall be given in writing and shall be delivered either by hand to the party or by certified mail, return receipt requested to the party at the party's address stated below. Any party may change its address stated herein by giving notice of the change by certified mail, return receipt requested. Barco Pump may also provide notices by e-mail. SECTION 23. AUTHORITY. The Parties hereto each represent and warrant that they have authority, actual or apparent, to enter into this Agreement. SECTION 24. SEVERABILITY. In the event that a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement, which violate such statute or public policy, shall be stricken. All portions of this Agreement, which do not violate any statute or public policy, shall continue in full force and effect. Further, any court order striking any portion of this Agreement shall modify the stricken terms to give as much effect as possible to the intentions of the parties under this Agreement. Date: 08 August, 2018 By: Barco Pump L", (D&&, Name: Lee Jobe Title. Division Manager Date: Customer: Name: Title: Address: BARCO PUMP—TURNKEY SOLUTIONS AGREEMENT Page 5 of 5 C PROJECTIDENTIFICATION: North Lake Raw Water System ON-CALL TEMPORARY RIVER PUMPING The City of Coppell, Texas BID OF Barco Pump DATE 07/26/2019 (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard Coppell, Texas 75019 CITY OF COPPEL L BID NO: Proposal #.156 The undersigned PROPOSER proposes and agrees. if this Bic] is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. PROPOSER accepts all of the tet -ms and conditions of the Advertisement or Notice to Proposers and Instructions to Proposers. This Bid will remain subject to acceptance for ninety. (90) days after the day of Bid opening. PROPOSER will sign and submit the Agreement with other documents required by the Proposal Requirements within fifteen ('15) days after the date of O'v NER's Notice of Award. 3. In submitting this Bid. PROPOSER represents. as more filly set forth in the Agreement, that: (a) PROPOSER has examined copies of all the Proposal Documents and of the following; Addenda (receipt of all which is hereby acknowledged): No: 1 Date: 07/2012018 Recd: I._J ............................ Proposal Documents (b) PROPOSER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) PROPOSER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR"s purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to Subsurface conditions at site. (d) PROPOSER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR"s purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR sliall have full responsibility with respect to physical conditions in or relating to such structures. (e) PROPOSER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies {in addition to or to supplement those referred to in (c) above) which. pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Fork as PROPOSER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by PROPOSER for such purposes. (f) PROPOSER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by PROPOSER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms .and conditions of the Contract Documents. (g) PROPOSER has correlated the results of all such observations, examinations, investigations.. explorations, tests, reports and studies with the terns and conditions of the Contract Documents. 7�il�il 1 Proposal Documents xl (h) PROPOSER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and tile written resolution thereof by ENGINEER is acceptable to PROPOSER. (i) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; PROPOSER has not directly or indirectly induced or solicited any other Proposer to Submit a false or sham Bid; PROPOSER has not solicited or induced any person, firm or corporation to refrain from proposing; and PROPOSER has not sought by collusion to obtain for itself any advantage over any other Proposer or over OWNER. C� (j) It is Understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (k) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may he increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work Fully as planned and contemplated, and that all quantities of work., whether increased or decreased, are to be performed at the unit Prices Set forth., except as provided for in the Contract Documents. 4. Proposer understands that the work for this project will be completed in one phase. Additional phasing or move -ins by subcontractors will require approval by the Engineer. It is understood and agreed that all work under this contract will be completed within the proposed calendar days. Completion date will be established in the Notice to Proceed. It IS understood that time of completion will be a consideration in the award of the proposal It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the proposal. It is strongly recommended that each proposer visit the site prior to Submitting a proposal. Construction constraints exist, including traffic that could affect productivity. PROPOSER will complete the Work for the following price(s): ............................................ I Proposal Documents NORTH LAKE RAW WATER SYSTEM — ON-CALL TEMPORARY RIVER PUMPING UNIT PRICE BID SCHEDULE BASE BID Item Bid No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Mobilization, installation, all hoses, gauges, meters and ancillary items need for startup and testing including connection to existing pipeliner Complete In Place, 1 LS Twenty Two Thousand Four Hundred Fifty Six $22,456.00 $22,456.00 Dollars and Zero Cents per LUMP SUM Monthly rental fee, including system servzce and maintenance, hoses, gauges, meters and ancillary items needed to provide on-call pumping, complete, 1-2 6 MO Eigbt Thousand Eight Hundred EQrjy JAQ $8,842,00 $53,052.00 Dollars and Zero Cents MONTHer ALLOWANCE for direct cost of fuel, Three 1-3A 17,000 GAL Dollars and Fifty $3.50 $59,500 Cents er N Delivery and service cost of fuel, One 11-313 17,000 GAL Dollars and Zero $ 1.00 $17,000.00 Cents er GALLON Monthly web-based system and flow monitoring and control, complete, One Thousand' Seven Hundred Eighty Five Dollars 1-5 6 M10, $ 1,785 $ 10,710, 00 and Zero Cents per MONTH Demobilization, including removal of all equipment and restoration of site, Complete In Place, 1-6 1 LS Twelve Thousand Two Hundred Forty Five Dollars$ 12,245.00 $12,245.00 and Zero Cents per LUMP SUM . . .... . ... . Pi-oposal Documents PROPOSAL SUMMARY TOTAL BASE BID (A) Items #I- I THRU 41-6 $ 174,963.00 1. Communications concerning this Bid shall be addressed to the address of PROPOSER indicated on the applicable signature page, 2. PROPOSER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the protect. Said taxes are not included in the Contract Price (see Instructions to Proposers). 3. The terms used in this Proposal which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to there in the General Conditions. The City of Coppell reserves the right to delete any portion of this pro' I feet as it niay deem necessary to stay within the City's available funds. Should the City elect to delete any portion. the contract quantities will be adjusted accordingly. Total Tangible Personal Property: PROPOSAL GUARANTY A Proposal Guaranty shall be provided in accordance with Item 102.5 of the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. SUBMITTED ON 07/26/2018 Signature: 7 �`�17 i Proposal Documents PROPOSAL AFFIDAVIT The Undersigned certifies that the bid prices contained in these proposals have been carefully reviewed and are submitted as correct and final. Proposer further certifies and agrecs to furnish any and/or all commodities upon vvhicli prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Propose. The period of acceptance of this proposal will be ninety (90) calendar days from the date of the proposal opening, STATE Of"' Texas COUNTY OF Collin BEFORE ME, the Undersigned authority. a Notary Public in and for the State of Texas on this day personally appeared Lee Jobe who after being by me Name duly svvorri, did depose and say: Lee Jobe Name arri a duly authorized office/agent for I Barrs Pump and have been duly authorized to eXCCLItC the Name of Firm foregoing on behalf of the said Barco Pump Name of Firm I hereby certify that the foregoing proposals have not been prepared in collusion with any other Proposer or individual(s) engaged in the same line of business prior to the official opening of this proposal. Further., I certify that the Proposer is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities proposed on, or to influence any individual(s) to propose or not to propose thereon." Name and Address of Proposer: Barco Pu 940 HensNey Ln., Wylie, TX 75098 Telephone: ( 214 ) 428-5691 by Lee Jobe Title: Division Manager SignatLire: SUBSCRIBED AND SWORN to before me by the above named Low— 6a on a - on this the day of 20 y SHEA LEA BURKE Notary Public in and for the State of Notary Public, State of Texas Ccrnrri, Expires 08.15-2020 "I III k E1% Notary ID 12662739-1 M-01)OSCII 00('11117071S If PROPOSER IS: By (Individual's Name) doing business as z" Business addt-ess A Partnership By (Firm Name) (General Partner) Business address Phone No. Phone No. A Corporation By Bartholow Rental Company dba Barco Pump (Corporation Name) Texas (State of Incorporation) By Lee Jobe (Name of person authorized to sign) Division Manager (Title) (Corporate Seal) Attest (Secretary) Business address 940 Hensley Ln ...... .............. Wyfle, TX 75098 Phone No. A Joint Venture By 214-428-5691 (Seal) (Seal) (Name) (Address) By (Marne) (Address) (Each,joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to thejoint venture should be in the manner indicated above.), 7 i .......................................... Proposal Docamews WORK IN THE FLOODPLAIN Barco Pump plans to raise the pad elevation, bringing the pumping unit base to an elevation of 442.5 feet. After cleaning and sealing the pumping unit's integrated fuel tank, Barco will construct a 2 foot tall environmental containment berm around the newly constructed pad. The risk of fluid contamination into the river will require a water level greater than 444.5 feet, or approximately 13 feet above the standard river pool elevation of 431.4 feet. According to USGS historical chart, 444.5 feet of river elevation has only been recorded 1 time in the previous 10 years. Barco Pump will install a pressure transducer inside a perforated PVC pipe which will be anchored in the river. The installed transducer will be wired to a programable dual channel controller, allowing Barco to monitor river levels and program alarm condition notices. All pertinent system conditions can be monitored over the internet while alarms are broadcast via email and SMS messages. Alarms will be set to broadcast at a river elevation of 436 feet which provides ample time to deploy staff and mobilize equipment to remove On -Call Temporary Pump and Fuel Tank, eliminating the threat of contamination. The raisedelevation pad provides for an additional 8 feet of rise in water elevation to mitigate risks of river levels reaching the pumping units, therefore reducing potential contamination risks from 35% to 12%._ Crvsi nine � ayr dl rnRtx .....:..... as/151-o1'ti � U fan/291ef Toils J , s sir I4 .+,sqr. r� tl rt d.iWre ..E/2p1t,1 %"tldh"V`.Z.��".k..ne of USGS 08655509 Eln Fk�. 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With the use of this box we can control the pumps: Start/Stop Manually Auto Start/Stop Parameters Adjust Engine Speed The controller operates via 3G cell service as well as satellite based iridium (limited reporting) service with the the ability to add up to 16 users capable of viewing and/or controlling the system. Below is a snapshot of the virtual control panel as seen in the web based platform. This gives us and owner full insight into exactly what the installed system is doing and allows us to optimize the fuel burn to discharge flow for the best value.' Panel i - Alarm Status At rriiMt ',:",� ( Send Poll Command Send Get GPS Cmd Asset ID View I Messages P22-600 [2845] , Parel view Search Set RPM Setpolnt Engine Parameters &eyswitch &. Engine State H RPM Temp V It 9 OII Press re L d On / Start Auto Man Off / Stop ''....... 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This will automatically be dispatched and through O'Rourke cloud -based monitoring and delivery system. For ease of billing on the fuel we will proved the Rack Price sheet for the day that shows what the price of the diesel from the distributor. There will also be the applicable taxes and a $1.00 per gallon service fee. This will ease the billing and assure that the city is receiving the best value and most transparent billing Barco can offer. See Attached Bulk Fuel Agreement. X.....it}.................................................... 94() 8.B .. til°:. IILr-l" VVy1i1°:)' X 75098 BARC .`/ PUMP TURNKEY SOLUTIONS BULK FUEL PRICING AGREEMENT ULSD #2 Red -Dyed Diesel Flint Hill Resources Rack Price 04/1012018 Total Gallons Delivered $1.9960 + Dyed DSL Fuel Totals - Price Per Gallon Tax: $.0061 PG 800 gallons Red Diesel $1.9960 $ + $0.0061 $2.0021 Per Gallon Delivered Based on 800 gallons Delivered Note: Service fee is Guarenteed and will not change for the duration of the project. Total Cost per gallon will be the rack price and tax paid + service fee of $1.00 per gallon. Minimum gallons for delivery is 650 gallons or a blanket service Service Fee: $1.00/gl fee of $650 + Rack Price and taxes is the price. SAMPLE 1: 800 gallons @$3.0021= $2401.68 Rack PPG: $1.9960 + Dyed Diesel Tax ($.0061) _ $2.0021 per gallon $2.0021 + $1.00 = $3.0021 SAMPLE 2: 600 gallons @ $3.0854 = $ 1851.24 Rack PPG: $1.9960 + Dyed Diesel Tax ($.0061) _ $2.0021 per gallon $2.0021 ber gallon + $650 Service Fee = $3.0854 1000g Fuel Tank Containment Pan will be provided at no charge. 132' SMARTank Fuel Satllite Monitor will also be provided at no cost to Barco Pump. Thank you, Lee Jobe I TurnKey Solutions 940 Hensley Ln Wylie, TX 75098 C,ffl e 817.428.5691 M ohle 214.608.8851 1'lwyC 12 of 13 BARCO PUMP ORGANIZATIONAL STRUCTURE Barco has offered temporary pumping systems and monitoring in North Texas since the 80's, proving Barco as one of the longest standing reliable pump options for North Texas. With a growing demand for the contracting market and to also still offer great service to our rental customers; Barco Pump developed our "Turnkey Solutions" Division to focus on our full service "Contract" customers and free the local branches to focus on their core "rental" and "service" customers. The TKS group is dedicated to securing and managing projects directly as a General Contractor or as a Sub -Contractor, with support from our local branches for service and P.M. support. With a dedicated division to TKS projects and the correct staff Barco is able to stay engaged in the projects and accomplish systems to exceed our customers expectations and keep projects on strict timelines. Turnkey Solutions Management Team Lee Jobe - Division Manager Lee Jobe has been involved in the sales, bidding, design and implementation of temporary pumping systems for 12 years. He started in Outside Sales with Sunbelt Pump and Power in 2006-2008. He then took a Project Manager role with Gajeske, Inc. in the Pump Solutions division and managed project up to $2,000,000 and 150 MGD Capacity. Lee then joined the Barco Pump team to start the Turnkey Solutions division in 2015. As Division Manager Lee Jobe is responsible for all processes of each project, and is the primary contact from inception through the bidding and contract processes. Greg Ward - Project Manager Greg Ward joined the Barco Pump in 2008 a Oklahoma City Branch in 2010. With his grE Central Texas / Oklahoma Regional Sales M Manager of the roles, he was then promoted to saw all Sales for the San Antonio, Wylie, and OKC branches. His passion for Turnkey work made him the perfect fit for our Project Manager role, within the division. In this role Greg oversees field operations for multiple projects and is the primary contact for customers once the project is under contract and being constructed to the end. Leonardo Correa - Superintendent Leonardo Correa started his in -field career at Sunbelt Rentals Pump & Power as a fusion technician in 2008. He then moved to Gajeske, Inc Pump Solutions and a Crew Lead in 2010 through 2016. In 2017 Leonardo accepted the Superintendent position with Barco Pump and continues to implement systems that not only perform beyond customers expectations but also are clean, neat, and safety conscious to make sure everyone goes home in the same condition they arrived to the site that day. His role as superintendent is to implement the system that both best works for the customers needs and the site conditions. City of Coppell, TX SECTION 33 0130 Intake Pump Station Improvements ON-CALL TEMPORARY RIVER PUMPING June 2018 Page 1 of 6 SECTION 33 0130 ON-CALL TEMPORARY RIVER PUMPING PART1 GENERAL 1.1 SUMMARY A. The scope of this specification is limited to providing the necessary labor, materials, and equipment required for a temporary diesel -driven, sound attenuated pumping system delivering raw water from the Elm Fork of the Trinity River to North Lake in Coppell, Texas. Service provider shall be responsible for all monitoring of pumping system. Work will be in the floodway of the river. Service provider is responsible for monitoring river conditions and flood stages. Provider shall remove equipment and fuels from the floodplain prior to a forecasted flood event that would result in more than 2 -ft of flow over Carrollton Dam. B. Standby Service Standby Service shall be defined as furnishing all labor, materials, and equipment for setting up a pumping system, which will not operate under normal conditions but will be available for operation within 24-hrs notice by City. During Standby Service applications, the service provider will not be required to provide operation of the equipment after successful testing is completed. Weekly checks and testing of the equipment will be required until the standby service is no longer in use. C. Operational Service Operational Service shall be defined as furnishing all labor, materials, and equipment for setting up a pumping system. During Operational Service applications, the service provider will be required to provide either full-time manned operation or monitored in real time and controlled remotely with unlimited City access to current operations and conditions. System performance and operation shall be checked daily with all necessary repairs performed immediately to maintain successful operation. D. Operations and Monitoring Temporary pumping system shall be provided with all of the instrumentation necessary (flow, discharge pressure, intake level, electric current, voltage, motor RPM, fuel level, etc.) to maintain, operate and monitor performance of the bypass system remotely, as well as providing a continuous flow record of the pumping system operation. Service provider shall operate and monitor the pumping system 24 hours per day, seven days per week, unless a city -approved supervisory control and data acquisition (SCADA) accessible online to City 7nl'f.. ��.�....� City of Coppell, TX SECTION 33 01 30 Intake Pump Station Improvements ON-CALL TEMPORARY RIVER PUMPING June 2018 Page 2 of 6 staff continuously (24-7) throughout the duration of the service contract. Under all circumstances, field service personnel must be able to respond to an alarm condition within twenty-four (24) hours of notification. 1.2 SUBMITTALS 1. Product Data a. Pump curves for the proposed temporary pumping equipment identifying the duty point (flow and head) for the system. 2. Permits a. The Provider is responsible for acquiring any necessary environmental, Federal, State, Local, and any other permits necessary for pumping. 3. Shop Drawings a. Drawings showing arrangement of temporary pumping equipment and location of suction and discharge piping. b. Size and type of temporary suction and discharge piping. c. Noise rating of sound attenuation housing d. Web -based monitoring and control plan e. Fueling service plan f. Flood watch and response plan based on USGS and NOAA river monitoring and forecasting tools g. SPCC Plan (if required by statute and proposed maximum fuel to be stored onsite) 4. Special Procedure Submittals Prepare and submit a detailed written plan for set-up, testing, operation, and shutdown of the pumping system within two (2) weeks of notice to proceed. Include the following in the plan: a. Pump System Start-up Checklist for starting and shutting down system. b. Online condition monitoring system training manual c. Emergency plan identifying the measures taken in the event of a pump failure. d. Staffing plan for responding to alarm conditions identifying multiple contacts by name and phone numbers (office, mobile, etc.). e. A contingency plan to implement in the event the repair, rehabilitation, and/or replacement work has unexpected delays or problems. .i.....ir}...i ..................... City of Coppell, TX SECTION 33 01 30 Intake Pump Station Improvements ON-CALL TEMPORARY RIVER PUMPING June 2018 Page 3 of 6 f. A project specific shutdown activities checklist. 1.3 QUALITY ASSURANCE A. Qualifications 1. Pumping equipment suppliers shall demonstrate a minimum of five (5) years of experience providing pumps for similar applications. 2. Experienced and qualified field service personnel who can respond to an emergency or alarm condition within one (1) hour of notification. 3. Provide quality equipment and accessories (hoses, clamps etc.) with no leaks or damage visible. 1.4 FIELD CONDITIONS A. Existing Conditions 1. It is the Provider's and pump supplier's responsibility to verify the available working area for the pumping system, the hydraulic conditions for the pumping system, and suitable locations for suction and discharge piping. 2. It is the Provider's responsibility to protect the environment around the system and protect same from damage. 1.5 PUMPING DESIGN CRITERIA The following tables include assumptions, dimensions, elevations and other important details taken into consideration during the system evaluation: _lll°U61lc 14 111,11G11r)l rU11'ii(1,]I11iir)lc III Illy 11G1hic's Pump and Pipeline Hydraulics Flow 5-mgd Pipeline 42 -in PCCP Design Velocity 0.8-ft/s Outfall E1 501.0 (assumed 12" BFV at Outfall Structure) Intake El 433.0 (Carrollton Dam weir) Static Head _ 68 -ft (28.2 psi) Friction Head 0.9 -ft TDH 69 -ft (28.6 psi) Connection 12" flanged connection added to existing 42" pipe above ground City of Coppell, TX Intake Pump Station Improvements June 2018 Pump SECTION 33 0130 ON-CALL TEMPORARY RIVER PUMPING Page 4 of 6 °U 11 llr� 21111ii°oii�wsc(11 ]Ih1u1G11'r)l Pump Class End Suction Centrifugal (Self Priming) Size 12" Driver Gas/Diesel Engine Fuel Demand 10-12 gal/hr at full load Fuel Storage 300+ gal belly tank Sound Attenuation Sound Proofing °U 11 lkr� 3 Intake Channel Geometry Trapezoidal Bottom Elevation 426.0 Bottom Width 28.0 -ft Top Width 70 -ft Length 30 -ft °U II 11�:n 44 Corii(litiior)i.s Temporary Pump Pad Width 20 -ft Surface Elevation 435.0 Intake Access Ramp Width 20 -ft Grade 15% Length 50 -ft Fill Rock, rubble gravel Surface 12 -in flex -base Armor 100-1b class dumped rock rip rap City of Coppell, TX Intake Pump Station Improvements June 2018 PART 2 PRODUCTS 2.1 PUMPING EQUIPMENT SECTION 33 0130 ON-CALL TEMPORARY RIVER PUMPING Page 5 of 6 A. Provide pumping equipment with the capacity to convey 100 percent of design. B. Provide pumping systems that are self -priming and capable of operating with automatic controls based on the liquid level in the pump station intake channel. Utilize pumping systems that are diesel powered with a minimum fuel storage capacity for 24 hours of continuous operation. Provide all of the required diesel fuel for the system as required throughout the duration of the service contract. C. Provide suitably sized pump discharge piping for the flow to be pumped and discharged into the existing force main connection. Suitably brace the discharge and direct the discharge so that damage to existing facilities and equipment is prevented. If multiple pumps are required to meet the required pumping capacities, provide the necessary fittings and connections for connecting multiple pump discharges to a single discharge pipe. D. Equip the pumping system with the necessary float switches or level monitoring devices required for starting and stopping the pump. Also provide float switches to sound an alarm if the water level in the intake channel reaches a critical depth. E. Provide the necessary control power for the pumping system. F. Provide sound attenuation on the pump/motor to limit the noise level to a maximum of 70 dBA at 100 -ft. 2.2 CONTROLS AND TELEMETRY A. Temporary pumping system shall be provided with all of the instrumentation necessary (flow, discharge pressure, intake level, electric current, voltage, motor RPM, fuel level, etc.) to maintain, operate and monitor performance of the bypass system remotely, as well as providing a continuous flow record of the pumping system operation. B. Provide round-the-clock monitoring of pumping system during working hours and non -working hours through remote, web -hosted telemetry system that shall immediately notify the Provider of alarm conditions. C. Web -hosted telemetry system that shall accessible to Owner continuously through the duration of the pumping services contract. ......ir}...i...................... City of Coppell, TX Intake Pump Station Improvements June 2018 PART 3 EXECUTION 3.1 GENERAL SECTION 33 0130 ON-CALL TEMPORARY RIVER PUMPING Page 6 of 6 The requirements for providing temporary pumping include, as aminimum: A. Sizing and installing the piping, pumps, valves, and control system. B. Providing and installing temporary suction and discharge piping and fittings. C. Providing power and/or fuel required to operate the system. No power will be available from the Owner. D. Personnel to continuously monitor the operations on-site pumping system is in operation and adjust the flow rate of the pumping system as necessary to match the influent flows. Automatic controls will only be allowed as directed by the Owner. E. Removing all temporary pumping facilities when the work is completed. 3.2 PRE -INSTALLATION MEETINGS A. Prior to beginning pumping operations, schedule and conduct a pre -startup meeting. Items to be covered include: B. Testing of pumping, control and SCADA equipment to verify satisfactory operation. C. Testing of alarm status notification system. D. Coordination with Owner operations personnel to ensure suitable access is provided to facilities which will remain in operation. E. Utilize City -approved Pump System Start-up Checklist for starting and shutting down system. END OF SECTION City of Coppell, Texas C',P FE L File ID: 2020-5387 Version: 1 File Name: Woodhurst Design Contract Master File Number: 2020-5387 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: Engineering File Created: 11/02/2020 Final Action: Title: Consider to award a bid and enter into a design contract with Westra Consultants, LLC; for the reconstruction of Woodhurst Drive; as budgeted $96,382.00 from Water Sewer Fund and $263,118.00 from '/4 Cent Sales Tax Fund; in the total amount of $359,500.00; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: Woodhurst Design Memo.pdf, TAX 2019C Exhibit.pdf, Woodhurst Drive OPCC- RNR.pdf, Woodhurst Engineering Contract.pdf, Woodhurst ExhibitA- Scope.pdf, Woodhurst Exhibit B - Compensation. pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5387 Title Consider to award a bid and enter into a design contract with Westra Consultants, LLC; for the reconstruction of Woodhurst Drive; as budgeted $96,382.00 from Water Sewer Fund and $263,118.00 from 1/4 Cent Sales Tax Fund; in the total amount of $359,500.00; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this item is $96,382 from Water Sewer Fund retained earnings designated for Water Sewer Infrastructure Maintenance and $263,118 as budgeted in the'/4-cent City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5387) Infrastructure Maintenance Fund. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Jamie Brierton, Capital Programs Administrator Date: November 10, 2020 Reference: Design for Reconstruction of Woodhurst Drive 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: Woodhurst Drive was originally constructed in the late 1970's. Engineering Services contract for design is $359,500.00 Estimated construction cost is $4,764,166.84 Introduction: This agenda item is being presented for approval to enter into a design contract with Westra Consultants, LLC amount of $359,500.00 for the reconstruction of Woodhurst Drive. Analysis: To provide excellent and well-maintained city infrastructure, the citizens of Coppell authorized the use of 1/4 cent sales tax revenue to be allocated for the reconstruction of our streets. Through an analysis of all streets within the City of Coppell, Woodhurst Drive was identified as in need of reconstruction. The engineering design is budgeted in the 2020-2021 fiscal year. Water /sewer funds will be utilized to cover the portion of the project as it relates to utility design in the amount of $96,382.00. The balance of the design amount of $263,118 will be funded from the 1/4 cent sales tax fund. The item before you this evening will involve engineering design for roadway reconstruction. The project will include completing sewer, water and drainage improvements, as well as full pavement and sidewalk replacement. Legal Review: The City's standard construction contract has been reviewed by legal periodically, with changes made as requested. Fiscal Impact: The fiscal impact of this Agenda item is $359,500.00, as budgeted. 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WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Woodhurst Drive Roadway Reconstruction hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services Parts I & 11: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a 'Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 2 3. Compensation. A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of Three Hundred Eighty -Nine Thousand dollars ($389,000.00) provided, however, that modifications to the Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Basic Services Part II Fee: The Engineer should be paid a fee under this Contract for Basic Services Part II pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part II Fee shall not exceed the lump sum of Zero dollars ($0.00) provided, however, that modifications to the Basic Services Part II, or other conditions defined herein may necessitate a change of Basic Fee which shall be reduced to writing and approved by the City or its designee. C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of Three Hundred Eighty -Nine Thousand dollars ($389,000.00): The lump sum Basic Services Part I Fee plus the lump sum Basic Services Part II Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. Page 3 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may 77 initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Proiect Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Proiect Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and Page 4 delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering, The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub -consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre -Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes, The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability.,Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in Page 5 the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen -day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. Page 6 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Proiect Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non -Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or Page 7 administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. Page 8 27. Notification. All notices to either Parry by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas Attn: City Manager 225 Parkway Boulevard Coppell, TX - 75019 Engineer: Raju Rao, P.E., CFM Principal Westra Consultants, LLC 1601 E Lamar Blvd_ Suite 205 Arlington, Texas — 76011 Phone: 817-455-9095 Email: rraogwestraconsultants.com IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL BY: ENGINEER: BY: Mayor Name & Title Date: Date: ATTEST: ATTEST: Page 9 Page 10 Exhibit A — Scope of Services Woodhurst Drive Street Reconstruction Westra Project No. CPL20029 Project Description The Project involves the design of paving, drainage, and utility improvements of approximately 3,400 linear feet of residential roadway reconstruction of Woodhurst Drive in the City of Coppell. The scope of work for BASIC Engineering Services involves Conceptual, Preliminary and Final Design, Project Plans, Specifications and Cost Opinions on Roadway, Water, Wastewater and Storm Drainage. The proposed improvements are described below along with the specific scope tasks to be provided with the Project. The term "Owner" shall refer to the City of Coppell and the term "Consultant" shall refer to Westra Consultants. Residential roadway reconstruction limits on Woodhurst Drive shall include the following: a) Full Pavement replacement (6" Concrete Pavement) b) Sidewalk and driveway reconstruction c) Sanitary sewer line improvements d) Water line improvements e) Storm drain improvements f) Concrete flume improvements (at the end of the Cul-de-sac) g) Culvert improvements to Unnamed Tributary to Duck Pond (Including Hydraulics and Hydrologic analysis) h) Upgrade all handicap ramps to be compliant with ADA requirements i) Include pavement markings, signs, and streetlights location within the project limits Project Management & Coordination a) The Consultant shall lead, manage, and direct design team activities, communicate with the Owner and team members and ensure quality control is practiced in performance of the work. b) The Consultant shall Attend a pre -design project kickoff meeting with Owner staff to confirm and clarify scope, understand Owner objectives, and ensure economical and functional designs that meet Owner requirements. c) The Consultant shall attend up to two (2) public hearings or Owner Council/Commission meetings, as requested by the Owner. d) The Consultant shall attend One (1) public meeting on site at kick off. e) The Consultant shall conduct review meetings with the Owner at the end of each design phase. f) The Consultants shall prepare and submit monthly invoices in the format acceptable to the Owner. g) The Consultants shall coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design. h) The Consultants shall submit TDLR/TAS required plans for review and will address comments and incorporate changes in the construction plans prior to bidding. Utility Clearance a) The Consultant will coordinate with the Owner, public utilities, private utilities, and government Exhibit A, Page 1 of 7 agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. Consultant will design Owner facilities to avoid or minimize conflicts with existing utilities and consider known potential future utilities in designs. Consultant will provide plans to and coordinate with utility Owner(s) related to the relocation efforts of franchise utilities that remain in conflict with the proposed construction. Conceptual Design (30% Submittal) The Conceptual Design shall be submitted to Owner per the approved Project Schedule. The purpose of the conceptual design is for the Consultant to a) Meet with the Owner to clarify and define Owner's requirements for the Project and review/obtain available data. b) Perform a site visit with the Owner to present and discuss utility alignment options and to collect field information needed to complete the Concept Design. c) Recommend the alternatives that successfully address the design problem and obtain the OWNER's endorsement of the selected concept. Consultant will develop the conceptual design of the infrastructure as follows. a) Data Collection i) In addition to data obtained from the Owner, Consultant will research proposed improvements in conjunction with any other planned future improvements known by the OWNER that may influence the project. ii) The Consultant will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and USACE), Owner Master Plans, and property Ownership as available from the Tax Assessor's office. iii) The data collection efforts will also include conducting special coordination meetings with affected property Owners as necessary to develop the design. b) Conceptual (30%) Design Package shall include the following: i) Roadway Plan and Profile sheets i) Water/Wastewater Plan View sheets ii) Strom Drain Plan and Profile sheets iii) Drainage Area Map iv) Culvert Plan and Profile sheet c) Submit two (2) half sized 11"x17" sets of conceptual 30% plans, conceptual opinion of probable construction costs, and digital set to the Owner for review. Preliminary Design (60% Submittal) a) Preliminary (60%) Design Package shall include the following: i) Cover Sheet ii) General Notes iii) Quantity Sheet iv) Project Layout & Control Sheet v) Roadway Plan and Profile sheets vi) Water/Wastewater Plan and Profile view sheets Exhibit A, Page 2 of 7 vii) Strom Drain Plan and Profile sheets viii) Drainage Area Map ix) Culvert Plan and Profile sheet x) Erosion Control Plans xi) Detail sheets b) Assemble Owner's standard construction contract documents and modify special technical specifications, if needed, for the project (if any). c) Prepare an estimate of construction quantities and develop the preliminary opinion of probable construction costs. d) Submit two (2) half sized 11"x17" sets of preliminary 60% plans, one (1) digital PDF copy and preliminary opinion of probable construction costs to the Owner for review. Final Design (90% & 100% Submittals) a) Revise preliminary plans incorporating comments from the Owner. b) Submit two (2) half sized 11"x17" sets of 90% plans, two (2) set of 90% construction contract documents, one (1) digital PDF set and 90% opinion of probable construction costs for Owner review. c) Incorporate final Owner review comments into the plans and construction contract documents to finalize construction plans for proposed improvements. d) Finalize construction contract documents including Owner standard specifications, special technical specifications, and special conditions (if any). e) Estimate of final construction quantities and final opinions of construction cost. f) Submit four (4) sealed (100%) half size 11"x17" sets of final plans and construction documents and DWG. files for Owner use. Bidding and Construction Phase Services Consultant will support the bid phase of the project as follows. a) Assist during the bidding process including preparation of advertisements, distribution of documents and addenda, attending the bid opening, tabulating bids, recommendation for award, and preparation of contract documents. b) Attend a preconstruction meeting with the Owner and the Contractor. c) The Consultant shall review shop drawings and material test reports for compliance with the Contract Documents, as requested by the Owner d) After the pre -construction conference, the Consultant shall provide project exhibits and attend public meeting, if any, to help explain the proposed project to residents. The Owner shall select a suitable location and mail the invitation letters to the affected customers. e) The Consultant shall attend a final inspection and prepare a final "punch list" for the contractor. f) Prepare construction "Record Drawings" based upon mark-ups and information provided by the construction contractor(s). Submit one (1) set of the record drawings to the Owner on a flash drive containing scanned 22"x34" black and white PDF images. A copy of the project base file in DWG format will also be provided. Exhibit A, Page 3 of 7 Direct Expenses Included in this item are usual and customary expenses normally incurred during performance of the services described. These expenses could include courier delivery charges, copies of existing engineering plans and/or maps, printing, and reproduction (either in-house or by reproduction company) and mileage. Special Services Topographic Survey a) Perform topographic survey of all existing above ground features for the Project limits. The Consultant will locate existing GPS local survey monuments and establish control for the Project based on the Owner datum. Topographic Survey limits shall include the existing right-of-way and up to 15 feet past the right of way along the entire length of the street. The Consultant shall tie existing features/improvements in the right of way and within the 15 feet as described above. At the intersection of alleys and streets the topographic survey will extent 20 feet past the right of way. Driveways shall be surveyed up to the garage. At the Duck Pond culvert crossing, the topographic survey will include the headwall and channel cross sections 50 feet upstream and downstream of the culvert crossing. b) The topographic survey will include ties to all visible features and break lines including franchise and Owner utilities, overhead utility lines, drainage and sanitary sewer structures and flowlines, trees 6" or larger in diameter (no driplines), landscaped areas, bushes, shrubs, mailboxes, sidewalks, driveways, retaining walls, curb lines, edges of pavement, flumes, gutters, ramps, fences, and gates. The topographic survey will include a base map to be used for design purposes. No irrigation systems will be surveyed or shown on the construction plans. It is assumed that the contractor will locate all irrigation systems within the R.O.W during construction. The Consultant will provide the Owner with an AutoCAD file of the completed survey base map for internal design purposes. c) Property Locations: The Consultant will collect ROW and property line information for the Project and prepare a ROW strip map. Front property pins located in conjunction with the topographic survey efforts will be tied down and used to approximate property limits. No property boundary surveys will be provided. All ROW and property information for the Project shall be shown as "approximate" on the plans using evidence collected and processed during the performance of Task "a" above, available plat information, and the Owner's GIS property data. d) ROW/Easements: Preparation of ROW /Easement Documents are not included as part of the Scope of Services. ROW/easements if needed, will be considered Additional Service. Geotechnical Investigation The Consultants shall perform soil investigations at reasonable intervals including field and laboratory tests, borings, and related engineering analysis for determining soil conditions and pavement section recommendations. The field personnel will drill the borings using truck -mounted and portable equipment. Cohesive and non -cohesive soil samples will be obtained using 3 -inch diameter Shelby tube samplers and 2 -inch diameter standard split -spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return Exhibit A, Page 4 of 7 them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. Consultant will stake the boring locations using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. At the completion of drilling operations, boreholes will be backfilled with drill cuttings and plugged at the surface by hand tamping. Considering the current onsite facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. CCTV inspection The Consultants shall provide One Operator and One TV Truck to perform CCTV Inspection on approximately 1,500 feet of the existing storm drain system in Woodhurst Drive. Clarifications a) Except as otherwise stated herein, the scope of service does not include by-pass pumping. b) Any corrections, repairs, or extractions required due to existing structural defects or failures are excluded from the Work. c) The scope of service does not include cleaning. Cleaning can be performed as additional service, if needed. d) In the case of collapsed lines requiring reverse setup, CCTV inspection footage shall be based on the manhole -to -manhole length of the pipe segment. e) The CCTV inspection will be performed using a robotic camera capable of recording the condition of the pipe. Data will be generated in DVD and physical report format and wilt provide logged information of pipe condition, calling out defects (such as root intrusions, pipe separations, cracks, and crumbling) as necessary. Assumptions a) The Client shall provide free access to the work site. The Consultant reserves the right to charge Client if additional mobilizations are required if access is not available. b) The Client shall coordinate the Work with any private property owners. c) The Client shall provide environmentally responsible disposal site if cleaning occurs. d) The Client shall provide water for cleaning and access to hydrant and hydrant meter if cleaning occurs. e) The Consultant assumes that there are no hazardous materials present in the project area. Exhibit A, Page 5 of 7 Channel Analysis — Unnamed Tributary to Duck Pond a) Surveyed cross sections will be obtained along the centerline of the channel and will be spaced no more than 250 feet. Field survey will be used between the channel banks with LiDAR contours provided by the Owner for the overbanks to determine the overall channel section. b) Consultant will prepare a drainage area map that contributes flow to the existing culverts at Woodhurst Drive. The drainage area will be delineated based on Owner provided contours and aerial topography. The hydrologic model and peak flow calculations will be conducted in accordance with the Owner's Drainage Design Manual. c) Consultant will develop a hydraulic model based on Owner's contours and surveyed cross sections using a combination of ESRI ArcMap and HEC -RAS programs. The intent of the hydraulic model is to size the culverts at Woodhurst Drive to convey the 100 -year storm without overtopping the roadway. HEC -RAS analysis will be conducted in accordance with Owner's current design criteria. d) Consultant will develop a hydraulic work map that shows the 100-yearfloodplain delineation with the Owner's contour data. e) No CLOMR or LOMR submittal is anticipated for this Project. Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by Owner. Compensation for Additional Services shall be based on the hourly rates in effect at the time services are performed or on a pre -negotiated fee. Such services shall include, but not be limited to the following: a) Traffic signal design b) Landscape or irrigation design c) Structural engineering d) Subsurface utility engineering e) Survey/Locate/Show existing irrigation systems f) Plan reviews by a Registered Accessibility Specialist g) Water or sanitary sewer system modelling h) Traffic control or phasing plans i) Storm Water Pollution Prevention Plans (SWPPP) — Erosion Control Plans are included j) Easement acquisition and/or negotiation k) Franchise utility design and coordination meetings 1) Permitting and submittal fees m) Construction observation or inspection services n) LOMR/CLOMR Preparation o) Phase II Environmental Site Assessments Exhibit A, Page 6 of 7 Compensation: For all professional services included in EXHIBIT 'A', Scope of Services, the Consultant shall be compensated a lump sum fee of $359,500 as summarized below. The total lump sum fee shall be considered full compensation for the services described in Exhibit A, including all labor materials, supplies, and equipment necessary to deliver the services. Basic Services including Project Management, Coordination & Permitting, Conceptual Design, Preliminary Design, Final Design, $295,800.00 and Bidding and Construction Phase Services Direct Expenses $1,500.00 Special Services Topographic Survey $24,200.00 Geotechnical Investigation $7,500.00 TV Inspection $5,000.00 Channel Analysis $22,500.00 TDLR Inspection Services $3,000.00 TOTAL $359,500.00 Method of Payment: The Consultant shall be paid monthly payments as described in Article 3 of the Agreement. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the Consultant. Fees will be invoiced monthly based upon the percentage of services completed as of the invoice date. Payment is due within 30 days of the receipt of the invoice. Reimbursable expenses include general office related expenses performed in-house such as printing, plotting, PDF files, scanning, photocopies, certain clerical expenses, supplies, postage, etc. are included in the standard rates for personnel and will not be billed separately. Subcontracted expenses travel related expenses, and outsourced expenses such as permits/fees, express mail/shipping, printing/reprographics, or rental of specialized equipment will be billed at the actual rate plus 10% with a Not to Exceed amount as indicated above. Mileage for trips beyond a 50 -mile radius of the Engineer's office will be billed at the standard mileage rate established by the Internal Revenue Service as of the effective date of this contract and subject to annual adjustment. Services not specifically identified in the Exhibit A - Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by Client. Compensation for Additional Services will be on a reimbursable basis at a rate of $150/ hour or on a pre -negotiated fee. Exhibit A, Page 7 of 7 Exhibit'B' — Compensation and Method of Payment Woodhurst Drive Street Reconstruction Westra Project No. CPL20029 Compensation: For all professional services included in EXHIBIT 'A', Scope of Services, the Consultant shall be compensated a lump sum fee of $389,000 as summarized below. The total lump sum fee shall be considered full compensation for the services described in Exhibit A, including all labor materials, supplies, and equipment necessary to deliver the services. Basic Services including Project Management, Coordination & Permitting, Conceptual Design, Preliminary Design, Final Design, $328,300.00 and Bidding and Construction Phase Services Direct Expenses $1,500.00 Special Services Topographic Survey $24,200.00 Geotechnical Investigation $7,500.00 TV Inspection $5,000.00 Channel Analysis $22,500.00 TOTAL $389,000.00 Method of Payment: The Consultant shall be paid monthly payments as described in Article 3 of the Agreement. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the Consultant. Fees will be invoiced monthly based upon the percentage of services completed as of the invoice date. Payment is due within 30 days of the receipt of the invoice. Reimbursable expenses include general office related expenses performed in-house such as printing, plotting, PDF files, scanning, photocopies, certain clerical expenses, supplies, postage, etc. are included in the standard rates for personnel and will not be billed separately. Subcontracted expenses travel related expenses, and outsourced expenses such as permits/fees, express mail/shipping, printing/reprographics, or rental of specialized equipment will be billed at the actual rate plus 10% with a Not to Exceed amount as indicated above. Mileage for trips beyond a 50 -mile radius of the Engineer's office will be billed at the standard mileage rate established by the Internal Revenue Service as of the effective date of this contract and subject to annual adjustment. Services not specifically identified in the Exhibit A - Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by Client. Compensation for Additional Services will be on a reimbursable basis at a rate of $150/ hour or on a pre -negotiated fee. Exhibit A, Page 1 of 1 C',P FE L File ID: 2020-5388 Version: 1 City of Coppell, Texas Master File Number: 2020-5388 Type: Agenda Item Reference: File Name: Southwestern Design Contract 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: Engineering File Created: 11/02/2020 Final Action: Title: Consider approval to enter into a design contract with Kirkman Engineering; for the reconstruction of a portion of Southwestern Boulevard; from the intersection of Freeport Parkway to the intersection of South Coppell Road; as budgeted $60,810.00 out of Water/Sewer Fund and $141,890.00 from 1/4 cent Sales Tax Fund; in the total amount of $202,700.00; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: Southwestern Design Memo.pdf, Southwestern TAX 2019B Exhibit.pdf, Southwestern OPC 201020.pdf, Southwestern Professional Services Agreement.pdf, Southwestern - Attachment A - Scope Basic.pdf, Southwestern - Attachment B - Scope Special.pdf, Southwestern - Attachment C - Fee Summary.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5388 Title Consider approval to enter into a design contract with Kirkman Engineering; for the reconstruction of a portion of Southwestern Boulevard; from the intersection of Freeport Parkway to the intersection of South Coppell Road; as budgeted $60,810.00 out of Water/Sewer Fund and $141,890.00 from'/4 cent Sales Tax Fund; in the total amount of $202,700.00; and authorizing the City Manager to sign any necessary documents. Summary City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5388) Fiscal Impact: The fiscal impact of this item is $60,810 from Water Sewer Fund retained earnings designated for Water Sewer Infrastructure Maintenance and $141,890 as budgeted in the'/4-cent Infrastructure Maintenance Fund. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Jamie Brierton, Capital Programs Administrator Date: November 10, 2020 Reference: Design for Reconstruction for a portion of Southwestern Blvd. 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • Southwestern Blvd. was originally constructed in the late 1970s • Southwestern needs to be reconstructed as identified in the pavement condition assessment of all streets in Coppell • Engineering Services contract for design is $202,700.00 • Estimated construction cost is $2,453,994 Introduction: This agenda item is being presented for approval to enter into a design contract with Kirkman Engineering in the amount of $202,700.00 for paving reconstruction of Southwestern Blvd. from the intersection of South Coppell Rd. west to the intersection of Freeport Parkway. Analysis: To provide excellent and well-maintained city infrastructure, the citizens of Coppell authorized the use of 1/4 cent sales tax revenue to be allocated for the reconstruction of our streets. Through an analysis of all streets within the City of Coppell, Southwestern Blvd. was identified as in need of reconstruction. The engineering design is budgeted in the 2020-2021 fiscal year. Water /sewer funds will be utilized to cover the portion of the project as it relates to utility design in the amount of $60,810.00. The balance of the design amount of $141,890 will be funded from the 1/4 cent sales tax fund. This item is to approve a contract for the engineering design for roadway reconstruction. The current project scope includes completing sewer, water and drainage improvements, as well as full pavement replacement and adding new sidewalks. Legal Review: The City's standard construction contract has been reviewed by legal periodically, with changes made as requested. Fiscal Impact: The fiscal impact of this Agenda item is $202,700.00, as budgeted. Recommendation: The Public Works Department recommends approval of this contract. ENGINEERS OPINION OF PROBABLE COST DATE: 20-10-20 PREPARED FOR: CITY OF COPPELL irkman PREPARED BY: KMM E N G E N E E R NG JOB NUMBER: COP20001 SOUTHWESTERN BLVD - FREEPORT TO COPPELL RD Item Description Quantity I Unit I Pricel Cost General 1 Mobilization 1 LS $100,000 $100,000 2 Traffic Control 1 LS $60,000 $60,000 3 SWPPP 1 LS $30,000 $30,000 4 ROW Preparation 17 STA $6,000 $102,000 Sub -Total $292,000 Paving 5 Pavement Removal 8,500 SY $15 $127,500 6 Driveway Removal 500 SY $15 $7,500 7 8" Concrete Paving w/curb 8,500 SY $70 $595,000 8 Commercial Driveway Paving 500 SY $70 $35,000 9 Lime 250 TN 1 $1801 $45,000 10 4" Sidewalk (5' wide) 950 1 SY 1 $50 $47,500 11 ADA Ramp 14 1 EA 1 $2,0001 $28,000 Sub -Total $885,500 Storm Drain 12 Remove 10' Curb Inlet 12 EA $1,200 $14,400 13 Remove 18" RCP 50 LF $20 $1,000 14 Remove 21" RCP 380 LF $22 $8,360 15 Remove 24" RCP 715 LF $24 $17,160 16 Remove 27" RCP 135 LF $25 $3,375 17 Remove 36" RCP 230 LF $30 $6,900 18 Remove 42" RCP 100 LF $38 $3,800 19 Remove 66" RCP 1,050 LF $65 $68,250 20 Remove 5' SDMH 1 EA $1,600 $1,600 21 Remove 6' SDMH 3 EA $2,0001 $6,000 22 Install 10' Curb Inlet 12 EA $6,000 $72,000 23 Install 21" RCP 380 LF $75 $28,500 24 Install 24" RCP 715 LF $80 $57,200 25 Install 36" RCP 230 LF $120 $27,600 26 Install 42" RCP 100 LF $150 $15,000 27 Install 66" RCP 1,050 LF $260 $273,000 28 In 5' SDMH 1 EA $5,0001 $5,000 Item Description Quantity I Unit I Pricel Cost 29 linstall 6' SDMH 1 3 1 EA 1 $6,0001 $18,000 Sub -Total $627,145 Sanitary Sewer 30 Remove 8" Sanitary Sewer 150 LF $14 $2,100 31 Remove 12" Sanitary Sewer 1,700 LF $16 $27,200 32 Remove SSMH 4 EA $1,500 $6,000 33 Install 8" Sanitary Sewer PVC 150 LF $40 $6,000 34 Install 12" Sanitary Sewer PVC 1,700 LF 1 $55 $93,500 35 Install SSMH 4 1 EA 1 $4,5001 $18,000 36 Post Construction CCTV 1,850 1 LF 1 $3 $5,550 Sub -Total $158,350 Water 37 IValve Adjustment 1 8 1 EA 1 $2501 $2,000 Sub -Total $2,000 Parkway 38 Restoration 1 EA $50,000 $50,000 39 Landscaping 1 EA $201000 $20,000 40 Irrigation 1 EA $10,000 $10,000 Sub -Total $80,000 All Sub -Totals $2,044,995 Contingency 20 % $408,999 Total Estimated Construction Cost $2,453,994 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COPPELL, TEXAS, AND KIRKMAN ENGINEERING, INC. FOR THE SOUTHWESTERN BLVD PROJECT DESIGN This Agreement for Professional Services, hereinafter called "Agreement," is entered into by the City of Coppell, Texas, a municipal corporation, duly authorized to act by the City Council of said City, hereinafter called "City," and Kirkman Engineering, a Texas corporation, acting through a duly authorized officer, hereinafter called "Consultant," relative to Consultant providing professional services to City. City and Consultant when mentioned collectively shall be referred to as the "Parties." WITNESSETH: WHEREAS, City desires to obtain professional engineering services in connection with the SOUTHWESTERN BLVD PROJECT, hereinafter called "Project"; For the mutual promises and benefits herein described, City and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Attachment A - Scope of Services and Attachment B — Special Scope of Services incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Attachments A/B and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant's services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the City understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. City agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of two hundred and two thousand and 700 dollars ($202,700) for the Project as set forth and described in Attachment C — Fee Summary and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub -consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to City for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 4 expenses incurred, if any, and City shall endeavor to make prompt payments. Each statement submitted by Consultant to City shall be reasonably itemized to show the amount of work performed during that period. If City fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to City, suspend professional services until paid. Nothing contained in this Agreement shall require City to pay for any work that is unsatisfactory as reasonably determined by City or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. City shall not be required to pay any amount in excess of the original proposed amount unless City shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. City's Obligations. City agrees that it will (i) designate a specific person as City's representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special City requirements, or other pertinent information known to City, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant's work for City, (iv) make prompt payments in response to Consultant's statements, and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by City or City's representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant's services and receipt of payment in full therefore, Consultant agrees to provide City with copies of all materials and documents prepared or assembled by Consultant under this Agreement and City may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at City's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for City. 7. City Objection to Personnel. If at any time after entering into this Agreement, City has any reasonable objection to any of Consultant's personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom City has no reasonable objection, and Consultant's compensation shall be equitably adjusted to reflect any difference in Consultant's costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies. Consultant shall submit to City proof of such insurance prior to commencing any work for City. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 4 IN THE EVENT THAT CITY AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY'S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Parry to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Kirkman Engineering Shea Kirkman, PE Owner 5200 State Highway 121 Colleyville, TX 76034 City of Coppell Kent Collins, P.E. 265 Parkway Blvd Coppell, TX 75019 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Parry in writing upon thirty (30) calendar days' notice. In the event of termination by City, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except City and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither City nor Consultant may assign their rights or delegate their duties without the written consent of the other Parry. This Agreement is binding on City and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any City officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the City Charter and the City's Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Coppell, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Dallas County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 4 to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Parry initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing parry in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 19. Signatories. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the day of , 20 Shea Kirkman Printed Name Owner Title 11/5/20 Date CITY OF COPPELL, TEXAS By: Signature Printed Name Title Date PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 4 City of Coppell Southwestern Boulevard ATTACHMENT "A" - BASIC SCOPE OF SERVICES The Engineer agrees to render services on lump sum basis necessary for the engineering design of the Project as outlined herein. Both City and Engineer have attempted to clearly define the work to be performed and address the needs of the project. The Basic Services to be performed by Engineer under this Contract include the following: Southwestern Boulevard from Freeport Parkway to South Coppell Road Task 1 — Project Management Engineer will manage communications, coordinate internally and externally and address issues with the City's Project Manager and others as necessary to make progress on the work. Engineer will manage and direct design team activities; ensure quality control is practiced in performance of the work; attend a pre -design meeting; conduct review meetings with the City; attend public meetings; prepare and submit monthly invoices and progress reports; prepare and submit a baseline schedule and monthly project update; coordinate with other City agencies and entities for the design of proposed improvements; coordinate with franchise utility companies as required for basic deconfliction; verify with DART that the proposed Cotton Belt Corridor will not affect the project; and utilize the City's consultant for TDLR compliance (Accessology). Assumptions: 1. Project design phase duration is anticipated at 8 months. 2. Project construction phase duration is anticipated at months. 3. 1 pre -design meeting. 4. 3_ plan review meetings. 5. 3 field review meetings with franchise utilities, business owners, City staff or other. 6. 2_ public meetings with Coppell citizens and City staff. 7. 8 progress reports and schedules. 8. Costs associated with TDLR plan review and inspections will be paid by Engineer. 9. Specific exclusions to the project include: a. Landscape Plans b. Traffic Study Deliverables: 1. Meeting summaries. 2. Monthly invoices and project updates. 3. TDLR registration, plan review and inspection by a Registered Accessibility Specialist. Task 2 — Schematic Design (30 Percent) Engineer will collect data such as existing conditions of franchise utilities and property ownership; provide an existing and proposed typical section; provide a roll plot showing proposed plan and profile; identify potential changes to driveways; provide an existing drainage area map with drainage computations; and provide an opinion of probable construction cost. Engineer will review CCTV footage of the sanitary sewer system, provide and review CCTV footage of the storm drain system, Page 1 of 4 Attachment A City of Coppell Southwestern Boulevard and review as -built records to provide a condition assessment and recommendation to the City for pipe replacement within the limits of survey. Assumptions: 1. Digital (PDF) delivery of plans and specifications. Deliverables: 1. Schematic design roll plot and drainage area map. 2. Opinion of probable construction cost. Task 3 — Preliminary Design (60 Percent) Engineer will prepare plan sheets for cover, index/legend, general notes, typical sections, project control, demolition plan, drainage area map, paving plan and profile, cross sections, erosion control plan, traffic control and phasing, signing/pavement marking/lighting (excluding photometric and signalization), grading, and roadway details; prepare specifications; consult with City and private utilities to determine the approximate location of above and underground utilities (current and future); and provide an opinion of probable construction cost. Assumptions: 1. Digital (PDF) delivery of plans and specifications. 2. The Public Works Construction Standards North Central Texas, Fourth Edition, along with the City's Supplementary Conditions will be used. Deliverables: 1. Preliminary design drawings and specifications. 2. Opinion of probable construction cost. Task 4 — Final Design (Construction Documents) Engineer will finalize, sign and seal plan sheets; finalize specifications; and provide an opinion of probable construction cost. Assumptions: 1. Digital (PDF) delivery of plans and specifications. 2. The Public Works Construction Standards North Central Texas, Fourth Edition, along with the City's Supplementary Conditions will be used. Deliverables: 1. Final design drawings and specifications issued for construction. 2. Opinion of probable construction cost. Task 5 — Bid Phase Engineer will support the bid phase of the project by providing bid documents; responding to bidder questions; issuing addenda; attending a pre-bid meeting; assisting the City in determining the Page 2 of 4 Attachment A City of Coppell Southwestern Boulevard qualifications and acceptability of prospective contractors; attending the bid opening; tabulating, reviewing and evaluating bids received; and incorporating all addenda into the bid documents and issuing conformed sets. Assumptions: 1. The project will be bid only once and awarded to one contractor. 2. Electronic copies of the project will be made available online to prospective bidders. Hard copies will not be sold or distributed. 3. Three (3) sets of 11"x17" plans, three (3) sets of 22"x34" plans, and six (6) specifications delivered to City. Deliverables: 1. Addenda. 2. Bid tabulations. 3. Recommendation of award. 4. Construction documents (conformed if applicable). Task 6 – Construction Phase Engineer will support the construction phase of the project by attending the pre -construction meeting; visiting the project site at requested intervals to observe and report on construction progress; interpreting and clarifying contract documents; reviewing change orders; reviewing submittals; attending the final walk through and assisting with the final punch list; and preparing record drawings based on information provided by the City. Assumptions: 1. 5 RFPs are assumed. 2. —2 _ change orders are assumed. 3. 3 submittal reviews are assumed. 4. 6 site visits are assumed. Deliverables: 1. Response to contractor's RFI. 2. Review of change orders. 3. Review of shop drawings. 4. Record drawings. 5. Periodic site observations Task 7 – Design Survey Engineer will perform field surveys to collect horizontal and vertical elevations and other information needed by Engineer in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. Page 3 of 4 Attachment A City of Coppell Southwestern Boulevard The minimum survey information to be provided on the plans shall include the following: ■ A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally, on a scale of not less than 1:400; ■ The following information about each Control Point: a. Identified (Existing, CITY Monument 98901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of Southwestern Blvd at the East end of radius at the Southeast corner of Southwestern Blvd and South Coppell Road). ■ Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. ■ No less than two horizontal benchmarks, per line or location. ■ Bearings given on all proposed centerlines, or baselines. ■ Station equations relating utilities to paving, when appropriate. Assumptions: 1. Topographic survey at intersections will include no more than 100 ft. in each direction. 2. Survey to include 20' beyond right of way. 3. Centerline alignment and stationing per maps provided by the City. 4. Easements and construction staking are excluded from this task. Deliverables: 1. To be included in design plans. Page 4 of 4 Attachment A City of Coppell Southwestern Boulevard ATTACHMENT "B" - SPECIAL SCOPE OF SERVICES The Engineer agrees to render services necessary on a Time and Materials basis for the special services related to engineering design of the Project as outlined herein. Both City and Engineer have attempted to clearly define the work to be performed and address the needs of the project. The Special Services that may be performed by Engineer under this Contract include the following: Southwestern Boulevard from Freeport Parkway to South Coppell Road Task 1— Geotechnical Investigations Engineer will perform soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions; and prepare a detailed geotechnical engineering study and pavement design, including recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. Assumptions: 1. Ten (10) soil borings are assumed. Deliverables: 1. Geotechnical report. Task 2 — Subsurface Utility Engineering (SUE) Engineer will provide SUE to Quality Level B for the extents of the project and Quality Level A as needed in up to four (4) locations. Quality Level D, C, B, and A are defined below: A. Subsurface Utility Engineering Subsurface Utility Engineering includes utility investigations subsurface and above ground prepared in accordance with AASHTO standards [ASCE C-1 38-02 (http://www.fhwa.dot.gov/programadmin/asce.cfm)] and Utility Quality Levels. UTILITY QUALITY LEVELS Utility Quality Levels are defined in cumulative order (least to greatest) as follows: a. Quality Level D - Existing Records: Utilities are plotted from review of available existing records. b. Quality Level C - Surface Visible Feature Survey: Quality level "D" information from existing records is correlated with surveyed surface - visible features. Includes Quality Level D information. Page 1 of 5 Attachment B City of Coppell Southwestern Boulevard C. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications are referenced to established survey control. Incorporates quality levels C and D information to produce Quality Level B. d. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Incorporates quality levels B, C and D information to produce Quality Level A. 2. DESIGNATE (QUALITY LEVEL B) Designate means to indicate the horizontal location of underground utilities by the application and interpretation of appropriate non-destructive surface geophysical techniques and reference to established survey control. Designate (Quality Level B) Services are inclusive of Quality levels C and D. The Engineer shall: a. As requested by the Client compile "As Built" information from plans, plats and other location data as provided by the utility owners. b. Coordinate with utility owner when utility owner's policy is to designate their own facilities at no cost for preliminary survey purposes. The Engineer shall examine utility owner's work to ensure accuracy and completeness. C. Designate, record, and mark the horizontal location of the existing utility facilities and their service laterals to existing buildings using non- destructive surface geophysical techniques. d. Correlate utility owner records with designating data and resolve discrepancies using professional judgment. A color -coded composite utility facility plan with utility owner names, quality levels, line sizes and subsurface utility locate (test hole) locations, shall be prepared and delivered to the Client. It is understood by both the Engineer and the Client that the line sizes of designated utility facilities detailed on the deliverable are from the best available records and that an actual line size is normally determined from a test hole vacuum excavation. All above ground appurtenance locations must be included in the deliverable to the Client. This information shall be provided in the latest version of AutoCAD or Civil 3D used by the Client. A hard copy is required and must be signed, sealed, and dated by the Engineer. Page 2 of 5 Attachment B City of Coppell Southwestern Boulevard e. Clearly identify all utilities that were discovered from quality levels C and D investigation, but cannot be depicted in quality level B standards. These utilities must have a unique line style and symbology in the designate (Quality Level B) deliverable. 3. SUBSURFACE UTILITY LOCATE (TEST HOLE) SERVICE (QUALITY LEVEL A) Locate means to obtain precise horizontal and vertical position, material type, condition, size and other data that may be obtainable about the utility facility and its surrounding environment through exposure by non-destructive excavation techniques that ensures the integrity of the utility facility. Subsurface Utility Locate (Test Hole) Services (Quality Level A) are inclusive of Quality Levels B, C, and D. The Engineer shall: a. Review requested test hole locations and advise the Client in the development of an appropriate locate (test hole) work plan relative to the existing utility infrastructure and proposed highway design elements. b. Coordinate with utility owner inspectors as may be required by law or utility owner policy. C. Neatly cut and remove existing pavement material, such that the cut not to exceed 0.10 square meters (1.076 square feet) unless unusual circumstances exist. d. Measure and record the following data on an appropriately formatted test hole data sheet that has been sealed and dated by the Engineer: Elevation of top and/or bottom of utility tied to the datum of the furnished plan. ii. Identify a minimum of two benchmarks utilized. Elevations shall be within an accuracy of 15mm (.591 inches) of utilized benchmarks. iii. Elevation of existing grade over utility at test hole location. iv. Horizontal location referenced to project coordinate datum. V. Outside diameter of pipe or width of duct banks and configuration of non-encased multi -conduit systems. vi. Utility facility material(s). Page 3 of 5 Attachment B City of Coppell Southwestern Boulevard vii. Utility facility condition. viii. Pavement thickness and type. ix. Coating/Wrapping information and condition. X. Unusual circumstances or field conditions. e. Excavate test holes in such a manner as to prevent any damage to wrappings, coatings, cathodic protection or other protective coverings and features. f Be responsible for any damage to the utility during the locating process. In the event of damage, the Engineer shall stop work, notify the appropriate utility facility owner, the Client and appropriate regulatory agencies. The regulatory agencies include, but are not limited to the Railroad Commission of Texas and the Texas Commission on Environmental Quality. The Engineer shall not resume work until the utility facility owner has determined the corrective action to be taken. The Engineer shall be liable for all costs involved in the repair or replacement of the utility facility. g. Back fill all excavations with appropriate material, compact backfill by mechanical means, and restore pavement and surface material. The Engineer shall be responsible for the integrity of the backfill and surface restoration for a period of three years. Install a marker ribbon throughout the backfill. h. Furnish and install a permanent above ground marker (as specified by the Client, directly above center line of the utility facility. Provide complete restoration of work site and landscape to equal or better condition than before excavation. If a work site and landscape is not appropriately restored, the Engineer shall return to correct the condition at no extra charge to the Client. Plot utility location position information to scale and provide a comprehensive utility plan sign and sealed by the responsible Engineer. This information shall be provided in the latest version of AutoCAD or Civil 3D format used by the Client. Assumptions: 1. Four (4) Level A test holes are assumed. Deliverables: 1. Utility Records/As-builts obtained from utility owners 2. AutoCAD file depicting utility line work Page 4 of 5 Attachment B City of Coppell Southwestern Boulevard 3. Final SUE test hole data sheets signed & sealed on 8.5"x11" sheets (two (2) copies) 4. Existing Utility (SUE) layouts (two (2) copies) Task 3 — Sanitary Sewer Design Engineer will design sanitary sewer improvements at the direction of the City. Engineer will prepare plan sheets for sanitary sewer layout, sanitary sewer plan and profile, and details; include specifications; and provide an opinion of probable construction cost. Assumptions: 1. Design limited to in-place pipe removal and replacement of approximately 1,700 linear feet; no sizing calculations or study included. 2. Digital (PDF) delivery of plans and specifications. 3. The NCTCOG Standard Specifications for Public Works Construction along with the City's Supplementary Conditions will be used. Deliverables: 1. Schematic, preliminary, and final design drawings and specifications (same as Task 2 through 4 Basic Services). 2. Opinion of probable construction cost. Task 4 — Storm Drain Design Engineer will design storm drain improvements at the direction of the City. Engineer will prepare plan sheets for storm drain improvements, and drainage details; include specifications; and provide an opinion of probable construction cost. Assumptions: 1. Design limited to in-place pipe removal and replacement of approximately 3,500 linear feet; no sizing calculations or study included. 2. Digital (PDF) delivery of plans and specifications. 3. The NCTCOG Standard Specifications for Public Works Construction along with the City's Supplementary Conditions will be used. Deliverables: 1. Schematic, preliminary, and final design drawings and specifications (same as Task 2 through 4 Basic Services). 2. Opinion of probable construction cost. Page 5 of 5 Attachment B City of Coppell Southwestern Boulevard ATTACHMENT "C" - FEE SUMMARY Kirkman Engineering will provide the services described in Attachment A — Scope of Services and Attachment B — Special Scope of Services for the following fees broken down by Task as described in the Attachments: Basic Scobe of Services Task 1 — Project Management $19,500 Task 2 — Schematic Design (30 Percent) $24,500 Task 3 — Preliminary Design (60 Percent) $24,500 Task 4 — Final Design (Construction Documents) $26,000 Task 5 — Bid Phase $10,500 Task 6 — Construction Phase $15,000 Task 7 — Design Survey $13,200 Special Scope of Services Task 1 — Geotechnical Investigations $8,000 Task 2 — Subsurface Utility Engineering (SUE) $20,000 Task 3 — Sanitary Sewer Design $15,000 Task 4 — Storm Drain Design $25,000 Reimbursables (max) $1,500 Total Lump Sum Project Fee $202,700 Page 1 of 1 Attachment C City of Coppell, Texas C',P FE L File ID: 2020-5176 Version: 4 File Name: Sheraton Four Points Hotel Master File Number: 2020-5176 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Public Hearing In Control: City Council File Created: 06/20/2020 Final Action: Title: CONTINUED PUBLIC HEARING: Consider approval of PD -295R -HC (Sheraton Four Points Hotel) and an Ordinance for PD -295R -HC, a zoning change request from PD -295 -HC to PD -295R -HC, to establish a Detail Site Plan to allow for an approximate 73,190 square foot four-story hotel on 2.675 -acres of property located on the northeast corner of SH 121 and Northwestern Drive and amending the development regulations in Subsection "D" under Section 1 of Ordinance No. 91500-A-739, as requested by Mike Clark on behalf of Archway 121 Coppell, Ltd.; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Attachments: City Council Memo.pdf, PZ Staff Report.pdf, Detail Enactment Number: Site Plan.pdf, Landscape & Mitigation Plan.pdf, Rendering.pdf, Elevations.pdf, Exterior Courtyard.pdf, Material Board.pdf, Ordinance.pdf, Exhibit A.pdf, Exhibit B - Detail Site Plan.pdf, Exhibit C - Landscape and Mitigation Plan.pdf, Exhibit D - Elevations.pdf Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: 1 Planning & Zoning 07/16/2020 Approved Pass Commission 2 City Council 08/11/2020 Postponed City Council 09/08/2020 Pass 2 City Council 09/08/2020 Postponed City Council 10/13/2020 3 City Council 10/13/2020 Postponed City Council 11/10/2020 Text of Legislative File 2020-5176 City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5176) Title CONTINUED PUBLIC HEARING: Consider approval of PD -295R -HC (Sheraton Four Points Hotel) and an Ordinance for PD -295R -HC, a zoning change request from PD -295 -HC to PD -295R -HC, to establish a Detail Site Plan to allow for an approximate 73,190 square foot four-story hotel on 2.675 -acres of property located on the northeast corner of SH 121 and Northwestern Drive and amending the development regulations in Subsection "D" under Section 1 of Ordinance No. 91500-A-739, as requested by Mike Clark on behalf of Archway 121 Coppell, Ltd.; and authorizing the Mayor to sign. Summary Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 I i 4 � Ilhd MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: November 10, 2020 Reference: Consider approval of PD -295R -HC (Sheraton Four Points Hotel) and an Ordinance for PD -295R -HC, a zoning change request from PD -295 -HC to PD -295R -HC, to establish a Detail Site Plan to allow for an approximate 73,190 square foot four-story hotel on 2.675 - acres of property located on the northeast corner of SH 121 and Northwestern Drive and amending the development regulations in Subsection "D" under Section 1 of Ordinance 91500-A-739, as requested by Mike Clark on behalf of Archway 121 Coppell, Ltd. and authorizing the Mayor to sign. 2030: Business Prosperity Executive Summary: In 2019, City Council approved a Concept Plan for a gas station, hotel, retail, restaurant and office uses on 8.6 acres, and a Detail Site Plan for a QT convenience store with gas pumps fronting on Freeport Parkway. The QT gas station has since been constructed. The Concept Plan for PD -295 -HC originally had the hotel on a different portion of the site, along Northwestern Drive. The property itself will need to be replatted to align with the proposal and prior to any permits granted for construction. Introduction: This is the second phase of development for the overall 8.6 acres. The Detail Site Plan is for a four-story Sheraton Four Points Hotel, approximately 73,200-sf in size. The 130 -room hotel will have a full-service restaurant that will be open to the public and each hotel room meet or exceed the minimum room size of 285 sf, a large lobby and atrium area (3,200-sf); a 1,360-sf conference area; and porte-cochere in front of the entrance along SH 121. In addition to these features, hotels are required to provide three additional amenities. This hotel is proposing four additional amenities: a pool (600-sf), a workout facility (1,000- sf), a gift store/pantry (320-sf) and an outdoor plaza area (1,000-sf). Analysis: On July 16, 2020, the Planning and Zoning Commission recommended APPROVAL of PD -295R -HC, subject to several conditions. In addition to requesting approval of this Detail Site Plan, an amendment to the original PD is also requested. The original concept plans assumed that there would be internal common areas and amenities that would require a Property Owners Association for maintenance of them. In the latest plan, there are no common area lots and each property owner will be responsible for the maintenance of their own property (landscaping, utilities, signage, etc.). The PD Conditions for the hotel site include: 1. There may be additional comments at the time of Building Permit and Detail Engineering Review. 2. The property shall be platted to provide required mutual access, fire lanes and easements prior to development. 3. Private Drive "C" containing the off-site mutual access easement and fire lane shall be constructed with this project or construction on adjacent lot, whichever comes first. 4. To allow for one loading zone. 5. To allow for a 10 -ft setback in lieu of 20 -ft on the northeast common boundary line adjacent to the building. 6. To allow for hotel patron surface parking spaces to be located as indicated. 7. Signs will need to comply with City Ordinances. The second half of the request is to amend PD 295 -HC development regulations by deleting Section 2 of Ordinance 91500-A-739 subsection (d) of the PD -295 -HC and replacing it with new subsection (d) hereinafter to read as follows: "SECTION 2. d. Storm Drainage inlet at the south site (Full Station site) including the south entry monument signage, landscaping irrigation shall be maintained by the property owner. All Focal Point Amenities and/or landscape amenities shall be constructed and maintained by property owner on which such amenity is located." Storm Drainage inlet at the south site (Full Station site) including the south entry monument signage, landscaping irrigation shall be maintained by the property owner. All Focal Point Amenities and/or landscape amenities shall be constructed and maintained by property owner on which such amenity is located." Legal Review: The City Attorney was consulted on this item. Fiscal Impact: None Recommendation: The Planning and Zoning Commission recommended APPROVAL of the PD request subject to staff conditions listed above. Attachments: 1. PZ Staff Report 2. Detail Site Plan 3. Landscape & Mitigation Plan 4. Rendering 5. Elevations 6. Exterior Courtyard 7. Material Board Exhibit 8. Ordinance and Exhibits (A -D) 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD -295R -HC, Sheraton Four Points Hotel (Archway 121) P&Z HEARING DATE: July 16, 2020 C.C. HEARING DATE: August 11, 2020 4cteber13, 2020, November 10, 2020 STAFF REP.: Mary Paron-Boswell, Sr. Planner LOCATION: S.H. 121 and Northwestern Drive, N.E.C. SIZE OF AREA: 2.675 -acres of property CURRENT ZONING: PD -295R -HC (Highway Commercial) REQUEST: A zoning change request to PD -295R -HC (Planned Development -295 -Revised - Highway Commercial), to approve a Detail Site Plan to allow for an approximate 73,190 square foot four-story hotel, APPLICANT: Owner: Engineer: Archway 121 Coppell Ltd. Mike Clark 8390 LBJ Freeway, Ste 565 Winkelmann & Associates Dallas, Texas 75243 6750 Hillcrest Plaza Drive, Ste 215 214-697-1807 Dallas, Texas 75230 Email: ewhawk(ea),archwavprop.com (972) 490-7090 ext. 215 Email: mclarkkwinkelmann.com HISTORY: In 2003, the City Council revised the Future Land Use Plan, allowing the rezoning of property along the freeways from Light Industrial to Highway Commercial in order to "allow the land owners significant flexibly in development options to take advantage of the highway access while assuring compliance with the vision for the City's most visible corridors". The 2030 Comprehensive Plan reinforced this vision by designating this property as Freeway Special District. In 2019, City Council approved a Concept Plan for a gas station, hotel, retail, restaurants and office uses on 8.6 acres, and a Detail Site Plan for a QT convenience store with gas pumps fronting on Freeport Parkway. The QT gas station has since been constructed. HISTORIC COMMENT: This property does not have any historic significance. ITEM # 7 Page 1 of 4 TRANSPORTATION: SH 121 is a state highway built to standard. Freeport Parkway is a six -lane divided thoroughfare. Northwestern Drive is a local street. SURROUNDING LAND USE & ZONING: North: vacant land — PD -295 -HC (Highway Commercial) South: vacant land — HC (Highway Commercial) East: office/warehouse — PD -272 LI (Light Industrial) West: SH 121 and city limits COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as suitable Freeway Special District. DISCUSSION: This property is triangular in nature with frontages along both SH 121 as well as Northwestern Drive. The Concept Plan for PD -295 -HC originally had the hotel on a different portion of the site, along Northwestern Drive. The property itself will need to be replatted to align with the proposal and prior to any permits granted for construction. Detail Site Plan The Detail Site Plan is for a four-story Sheraton Four Points Hotel, approximately 73,200- sf in size. The 130 -room hotel will have a full-service restaurant that will be open to the public and each hotel room meet or exceed the minimum room size of 285 sf, a large lobby and atrium area (3,200-sf); a 1,360-sf conference area; and porte-cochere in front of the entrance along SH 121. In addition to these features, hotels are required to provide three additional amenities. This hotel is proposing four additional amenities: a pool (600-sf), a workout facility (1,000-sf), a gift store/pantry (320-sf) and an outdoor plaza area (1,000). In terms of circulation, there is the existing entrance from SH 121 that was constructed with the QT gas station. This will be accessed by extending and constructing the mutual access easement and fire lane from this site. This is listed as a PD Condition recommended by staff to not only provide for better circulation, but to also provide for fire coverage and a secondary access point. The other point of access will be from Northwestern Drive, close to the SH 121 frontage road. An additional driveway is conceptually proposed along Northwestern Drive with future development of the adjacent tract. They are requesting a variance to the rear yard setback on the east side of the site, which requires 20 -ft. They are proposing approximately 10-18 feet along the length of the building on that side. The concept plan identifies parking spaces will be constructed directly adjacent to this property line and the mutual access easement and fire lane that is constructed with this hotel development, will provide additional setback from future development. Staff is not opposed to this variance request. The parking for this proposal is provided with surface parking. There is a requirement in the ordinance that no more than 50% of the parking be in the front yard. This lot, however, as mentioned earlier, is somewhat triangular and has a double front yard. The majority of ITEM # 7 Page 2 of 4 the parking is located at the side or back of the building which meets the intent of the ordinance. Staff is not opposed to this variance request. Landscape Plan & Tree Mitigation The site will have a minimum 20 -ft landscape buffer along Northwestern Drive with a mixture of trees, shrubs along the head -in parking and a variety of ground covers. Trees are to be planted along the northern perimeter of the site as well as around the pathways and sidewalks surrounding the building itself. Along the SH 121 frontage, the trees and landscaping will be curvilinear with a larger bermed landscaped area located at the intersection of Northwestern Drive and SH 121. The bermed area will be enhanced with trees, shrubs and groundcover. Additional trees are proposed to be planted throughout the parking areas. The site does have some existing trees on it, however, due to numerous factors (ie: the location of the building, parking, and topography) none are proposed to remain. The tree mitigation for this site is proposed to be approximately $6,350. Elevations & Signage The building is proposed to be constructed of a combination of brick, EIFS, and some aluminum composite cladding (ACS) with metal accents. The rendering provides a good illustration of the combination of building materials as well as the building's articulation both vertically and horizontally. The first floor of the building will be brick, with the upper floors being a combination of brick, EIFS and ACS as illustrated in the rendering. The pool area will be fenced and the outdoor plaza area will have a six-foot horizontal wood fence around it with seating and tables within it. The color palette for this building is mostly earthtones with the exception of the metallic ACS on the building. While the elevations show signage on the proposed building as well as a monument sign on-site, the signs are for illustrative purposes only. A sign package was not submitted and the applicant understands that they will need to comply with the sign ordinance requirements. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD -295R -HC, subject to the following conditions: 1. There may be additional comments at the time of Building Permit and Detail Engineering Review. 2. The property shall be platted to provide required mutual access, fire lanes and easements prior to development. 3. The off-site mutual access easement and fire lane to the north shall be constructed with this project or construction on adjacent lot, whichever comes first. 4. To allow for one loading zone. 5. To allow for a 10 -ft setback in lieu of 20 -ft on the northeast common boundary line adjacent to the building. 6. To allow for more than 50% parking in the front yard. 7. That the focal point for any art/feature is proposed to be situated on the pedestrian access between the retail and office tract to the northeast. 8. Signs will need to comply with City Ordinances. 9. That the TIA for this overall development be updated with the third phase of development or that the recommended traffic signal be installed with the next phase of development. ITEM # 7 Page 3 of 4 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Detail Site Plan 2. Landscape & Mitigation Plan 3. Rendering 4. Elevations 5. Exterior Courtyard 6. Material Board Exhibit ITEM # 7 Page 4 of 4 SVX31 'll3ddo0 ». ® i2]Od332J3 �? 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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -295 -HC (PLANNED DEVELOPMENT -295 - HIGHWAY COMMERCIAL) TO PD 295R -HC (PLANNED DEVELOPMENT - 295 REVISED HIGHWAY COMMERCIAL) TO ESTABLISH A DETAIL SITE PLAN FOR A HOTEL AND COMMERCIAL USES USE ON APPROXIMATELY 2.675± ACRES, LOCATED AT THE SOUTHEAST CORNER OF SH 121 AND FREEPORT PARKWAY, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; BY AMENDING THE DEVELOPMENT REGULATIONS AS SET FORTH IN THE DETAIL SITE PLAN, LANDSCAPE AND MITIGATION PLAN AND ELEVATIONS DESCRIBED IN EXHIBITS "B" THROUGH "D" RESPECTIVELY, ATTACHED HERETO AND INCORPORATED HEREIN; BY AMENDING THE DEVELOPMENT REGULATIONS FOR THE ENTIRE PLANNED DEVELOPMENT, TO REPEAL SUBSECTION `D' UNDER SECTION 1 OF ORDINANCE 91500-A-739 PROPERTY OWNERS ASSOCIATION AND REPLACE WITH A NEW SUBSECTION D. PROVIDING FOR CONSTRUCTION AND MAINTENANCE OF AMENITIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD -295R -HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD -295 -HC (Planned TM 118644 Development -295 -Highway Commercial) to PD -295R -HC (Planned Development -295 Revised - Highway Commercial) to establish a Detail Site Plan for a hotel use on approximately 2.675± acres of said development, located at the southeast corner of SH 121 and Freeport Parkway, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Property within the Site Plan will be used, developed and maintained as a Hotel and for Highway Commercial as set forth in the Detail Site Plan, Landscape and Mitigation Plan and Elevations, Exhibits B through D, respectively, attached hereto and incorporated herein and as provided in the Code of Ordinances and PD295-HC, except as amended herein, subject to the following additional development regulations for said site: 1. There may be additional development commands at the time of Building Permit and Detail Engineering Review. 2. The property shall be platted to provide required mutual access, fire lanes and easements prior to development. 3. Private Drive "C" containing the off-site mutual access easement and fire lane shall be constructed with this project or construction on adjacent lot, whichever comes first. 4. To allow for one loading zone. 5. To allow for a 10 -ft setback in lieu of 20 -ft on the northeast common boundary line adjacent to the building. 6. To allow for hotel patron surface parking spaces to be located as indicated. 7. Signs shall conform to the current requirements of City Code Ordinances. SECTION 3. That PD 295 -HC, as amended herein, is further amended by amending development regulations by deleting subsection (d) of the PD 295 HC and replacing it with new subsection (d) by amending Section 2 of said ordinance and adding a new subsection (d) of Ordinance 91500-A-739 hereinafter to read as follows: "SECTION 2. 2 TM 118644 d. Storm Drainage inlet at the south site (Fuel Station site) including the south entry monument signage, landscaping irrigation shall be maintained by the property owner. All Focal Point Amenities and/or landscape amenities shall be constructed and maintained by property owner on which such amenity is located." SECTION 4. That all provisions of PD295 HC shall remain in full force and effect except as amended herein; and, the above described property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as amended and in accordance with PD 295 -HC, except as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 3 TM 118644 SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2020. KAREN SELBO HUNT ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: Robert E. Hager, CITY ATTORNEY TM 118644 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -295 -HC (PLANNED DEVELOPMENT -295 - HIGHWAY COMMERCIAL) TO PD 295R -HC (PLANNED DEVELOPMENT - 295 REVISED HIGHWAY COMMERCIAL) TO ESTABLISH A DETAIL SITE PLAN FOR A HOTEL AND COMMERCIAL USES USE ON APPROXIMATELY 2.675± ACRES, LOCATED AT THE SOUTHEAST CORNER OF SH 121 AND FREEPORT PARKWAY, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; BY AMENDING THE DEVELOPMENT REGULATIONS AS SET FORTH IN THE DETAIL SITE PLAN, LANDSCAPE AND MITIGATION PLAN AND ELEVATIONS DESCRIBED IN EXHIBITS "B" THROUGH "D" RESPECTIVELY, ATTACHED HERETO AND INCORPORATED HEREIN; BY AMENDING THE DEVELOPMENT REGULATIONS FOR THE ENTIRE PLANNED DEVELOPMENT, TO REPEAL SUBSECTION `D' UNDER SECTION 1 OF ORDINANCE 91500-A-739 PROPERTY OWNERS ASSOCIATION AND REPLACE WITH A NEW SUBSECTION D. PROVIDING FOR CONSTRUCTION AND MAINTENANCE OF AMENITIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2020. KAREN SELBO HUNT, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY 5 TM 118644 Exhibit "A" Hotel Tract Description STATE OF TEXAS § COUNTY OF DALLAS § BEING a tract of land situated in the J.E. Holland Survey, ABSTRACT NO. 614, City of Coppell, Dallas County, Texas and being a portion of Lot 3, Block B, Prologis Park One Twenty One, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Instrument Number 201600305749, Official Public Records, Dallas County, Texas, and being a portion of a tract land as described in deed to Archway 121 Coppell LTD, as recorded in Instrument Number 201700149968, Official Public Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point for the Northerly corner of a corner clip at the intersection of the Northerly right-of-way of Northwest Drive, a 38 -foot right-of-way, and the Southeasterly right-of-way of State Highway 121, a variable width right-of-way, said point being a Southwesterly corner of said Lot 3; THENCE North 41 deg 28 min 59 sec East, along the Northwesterly line of said Lot 3 and the Southeasterly right- of-way of said State Highway 121, a distance of 264.67 feet to a point for corner; THENCE North 49 deg 06 min 52 sec East, continuing along the Northwesterly line of said Lot 3 and the Southeasterly right-of-way of said State Highway 121, a distance of 129.81 feet to a point for corner; THENCE departing the Southeasterly right-of-way of said State Highway 121 and over and across said Lot 3 the following: South 47 deg 34 min 31 sec East, a distance of 243.18 feet to a point for corner; North 42 deg 25 min 29 sec East, a distance of 42.00 feet to a point for corner; South 47 deg 34 min 31 sec East, a distance of 47.31 feet to a point for corner, said point being the beginning of a curve to the right, with a radius of 42.00 feet, a central angle of 29 deg 21 min 26 sec, a chord bearing of South 32 deg 53 min 49 sec East, and a chord length of 21.29 feet; Along said curve to the right, an arc distance of 21.52 feet to a point for corner; South 18 deg 13 min 06 sec East, a distance of 142.76 feet to a point for corner, said point being situated in the Northerly right-of-way of said Northwest Drive and the Southerly line of said Lot 3, said point being the beginning of a non -tangent cure to the right, with a radius of 181.00 feet, a central angle of 25 deg 04 min 41 sec, a chord bearing of South 77 deg 29 min 03 sec West, and a chord length of 78.59 feet; THENCE along the Southerly line of said Lot 3 and the Northerly line of said Northwest Drive the following: Along said non -tangent curve to the right, an arc distance of 79.22 feet to a point for corner; North 89 deg 58 min 45 sec West, a distance of 386.47 feet to a point for corner, point being the beginning of a cure to the right, with a radius of 181.00 feet, a central angle of 32 deg 46 min 04 sec, a chord bearing of North 73 deg 35 min 44 sec West, and a chord length of 102.11 feet; Along said cure to the right, an arc distance of 103.51 feet to a point for corner, said point being the beginning of a non -tangent cure to the right, with a radius of 39.00 feet, a central angle of 21 deg 13 min 57 sec, a chord bearing of North 46 deg 35 min 33 sec West, and a chord length of 14.37 feet; Along said non -tangent curve to the right, an arc distance of 14.45 feet to a point for the Southerly corner of said corner clip and a Southwesterly corner of said Lot 3; THENCE North 03 deg 31 min 01 sec West, along said corner clip and the Southwesterly line of said Lot 3, a distance of 13.40 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 2.675 acres or 116,508 square feet of land, more or less. Bearings shown hereon are based upon an on -the -ground Survey performed in the field on the 11th day of May, 2018, utilizing a G.P.S. bearing related to the Texas Coordinate System, North Texas Central Zone (4202), NAD 83, grid values from the GeoShack VRS Network. 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I' I I 's x W a c� 0 0 U F O j Z d O � U Z � � m V Z � w LL [� t Om OC aW -j LL0w LL LL y- � u_ I— r - J O ~ D (DLL; 0 LL N v o N v v L w w Z v O oLUw w a U C'J w m F r z : n U Z U Q O¢] N d Z 1 L 4 p F H w � w w w w w w w w w w w LU LU X O 0�CO Q �- ILLI N v LULU ImLLN I O LU r N In CV O X r h- r ui N M LU r LL -b O CV O � CV O O O C� - - - LL LL O ® n- I— H ^u^yy- LLI LU iE �'" ui 3 W W \ O IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIY//. �1 °w ° ° a°Oa - "�-aw 1 0.l SM O �N L F� W O �J O v- � .. ............... w z 77 v a „�1��{„; w moll W zw = lit LU I� �����[ IIIIIIIIIIII 'U ..,,... -- h ”' w w . wsm o w y o u v= u Q w i IIII��� IIII�� � 1111�1w II°'"lh Ifni: SIN: OEM . ... _. .... . C',P FE L File ID: 2020-5382 Version: 1 City of Coppell, Texas Master File Number: 2020-5382 Type: Agenda Item Reference: File Name: Eco Dev Agr - Archway Prop. 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: City Council File Created: 11/02/2020 Final Action: Title: Consider approval of an Economic Development Incentive Agreement by and between the City of Coppell and Archway 121 COPPELL LTD Properties; and authorizing the Mayor to sign. Notes: Sponsors: Attachments: Archway Utility Relocation Memo.pdf, Archway Utility Relocation Agreement.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5382 Title Consider approval of an Economic Development Incentive Agreement by and between the City of Coppell and Archway 121 COPPELL LTD Properties; and authorizing the Mayor to sign. Summary Archway Properties owns the land at the NEC of Freeport Parkway and State Highway 121. There is a utility easement with several utilities located in it that runs down the middle of the property. Those lines must be relocated. If Vari selects the site for their new corporate headquarters, the City will reimburse Archway Properties for the actual cost to relocate the utility lines once the work is completed, and the reimbursement will not exceed $300,000. Fiscal Impact: Funds for this incentive agreement will be provided by the General Fund -Designated Fund Balance for Economic Development in an amount not to exceed $300,000. City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5382) Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: November 10, 2020 Reference: Consider approval of an Economic Development Incentive Agreement by and between the City of Coppell and Archway 121 COPPELL LTD Properties, and authorizing the Mayor to sign. 2040: Create Business and Innovation Nodes Introduction: Archway 121 COPPELL LTD Properties owns the property at the northeast corner of Freeport Parkway and State Highway 121. A utility easement with several utilite lines located in it runs down the middle of the property. Those utility lines must be relocated prior to the construction of a building on the site. The site is one of a few sites short-listed for the future corporate headquarters for Vari. Archway 121 COPPELL LTD Properties has asked for financial assistance from the City of Coppell to help relocate those lines. Analysis: This Economic Development Agreement will authorize the City to reimburse Archway COPPELL LTD Properties up to $300,000 once the work has been completed to relocate the utility lines. The City's offer is contigent upon Vari selecting the site for their new corporate headquarters. The reimbursement will be in an amount equal to the actual cost once the work is completed but not to exceed $300,000. Legal Review: The documents were created by Pete Smith. Fiscal Impact: An amount not to exceed $300,000. Recommendation: Staff recommends approval. STATE OF TEXAS § § ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT COUNTY OF DALLAS § This Economic Development Incentive Agreement ("Agreement") is made by and between the City of Coppell, Texas (the "City"), and Archway 121 Coppell, Ltd., a Texas limited partnership ("Company") (each a "Party" and collectively the "Parties"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, Company owns the real property located at the northeast corner of Freeport Parkway and State Highway 121, in Coppell, Texas, further described in Exhibit "A" (the "Property"); and WHEREAS, Company intends or has entered a contract for the purchase and sale of the Property with Varidesk, LLC ("Vari") (the "Purchase and Sale Agreement"); and WHEREAS, Vari intends to purchase the Property for use as its corporate headquarters; and WHEREAS, Company has agreed to relocate certain utilities in connection with the sale of the Property to Vari (the "Project"); and WHEREAS, Company has advised City that a contributing factor that would induce the Company to undertake the Project would be an agreement by City to provide an economic development grant to Company to defray a portion of the costs of such relocation; and WHEREAS, promoting the expansion and maintenance of existing business enterprises within the City will promote economic development, stimulate commercial activity, generate additional sales tax and will enhance the property tax base and economic vitality of the City; and WHEREAS, the City has adopted programs for promoting economic development and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Article III, Section 52-a of the Texas Constitution and Texas Local Government Code Chapter 380 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to the Company in accordance with this Agreement is in accordance with the City Economic Development Program and will: (i) further the objectives of the City; (2) benefit the City and the PAGE 1 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) City's inhabitants; and (iii) promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Article I Term This Agreement shall be effective on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. them: Article II Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to "Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's existence as a going business, insolvency, appointment of receiver for any part of such Party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Parry and such proceeding is not dismissed within ninety (90) days after the filing thereof. "City" shall mean City of Coppell, Texas. "Commencement of Construction" shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Project; (ii) all necessary permits for the construction of the Project to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Property has commenced. "Company" shall mean Archway 121 Coppell, Ltd., a Texas limited partnership. "Completion of Construction" shall mean: (i) substantial completion of the Project; and (ii) the date City has conducted a final inspection of the Project. "Effective Date" shall mean the last date of execution hereof. "Expiration Date" shall mean the date the Parties have fully satisfied their respective obligations herein. PAGE 2 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a Parry including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the Parry), fires, explosions or floods, strikes, slowdowns, pandemics or work stoppages. "Grant" shall mean an economic development grant to offset the actual costs incurred and paid by Company for the Project not to exceed Three Hundred Thousand Dollars ($300,000.00), to be paid as set forth herein. "Impositions" shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on Company or any property or any business owned by Company within City. "Payment Request" shall mean a written request from Company to City for payment of the Grant, which request shall be accompanied by copies of invoices, bills and receipts to document the actual costs incurred and paid by Company for the Project, and such other information, as may reasonably be requested by City evidencing the costs incurred and paid by the Company for the Project. "Project" shall have the meaning assigned in the Recitals. "Property" means the real property described in Exhibit "A". "Purchase and Sale Agreement" shall have the meaning assigned in the Recitals. "Related Agreement" shall mean any agreement (other than this Agreement) by and between City and Company and/or any of its affiliated or related entities. Article III Economic Development Grant 3.4 Grant. Subject to the continued satisfaction of all the terms and conditions of this Agreement by Company, and the obligation of Company to repay the Grant pursuant to Article V hereof, City agrees to provide Company with the Grant to be paid to Company within thirty (30) days after receipt of a Payment Request following the date of Completion of Construction of the Project. Failure of Company to submit the Payment Request within sixty (60) days after the date of Completion of Construction of the Project shall operate as a forfeiture of the Grant. 3.5 Current Revenue. Under no circumstances shall the obligations of City hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. The Annual Improvement Grants shall be paid solely from annual appropriations from the general PAGE 3 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) funds of City or from such other funds of City as may be legally set aside for such purpose consistent with Article III, Section 52(a) of the Texas Constitution. 3.6 Grant Limitations. City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by Company. None of the obligations of City under this Agreement shall be pledged or otherwise encumbered by Company in favor of any commercial lender and/or similar financial institution. Article IV Conditions to Grants The obligation of City to provide the Annual Improvement Grants shall be conditioned upon the compliance and satisfaction by Company of the terms and conditions of this Agreement and each of the conditions set forth in Article IV. 4.1 Payment Request. Company shall, as a condition precedent to the payment of the Grant, timely provide City with the applicable Payment Request. 4.2 Good Standing. Company shall not have an uncured breach or default of this Agreement, or a Related Agreement. 4.3 Completion of Project. Company shall have caused the Completion of Construction of the relocation of the Utilities. 4.4 Closing of Sale. Company and Vari shall have closed the sale and purchase of the Property. Article V Termination 5.1 Termination. This Agreement shall terminate upon any one or more of the following: (a) by written agreement of the Parties; (b) Expiration Date; (c) upon written notice, by either Party in the event the other Party breaches any of the terms or conditions of this Agreement, or a Related Agreement, and such breach is not cured within sixty (60) days after the nonbreaching Party sends written notice to the breaching Party of such breach; (d) upon written notice, by City, if Company suffers an event of Bankruptcy or Insolvency; (e) upon written notice, by City, if any Impositions owed to City or the State of Texas by Company shall become delinquent (provided, however, Company retains the right to timely and properly protest and contest any such Impositions) and if Company does not resolve such delinquency within thirty (30) days of such written notice; or PAGE 4 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) (f) upon written notice, by either Parry, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 5.2 Repayment. In the event the Agreement is terminated by City pursuant to Section 5.1 (c), (d), (e) or (f), Company shall immediately refund to City an amount equal to the Grant paid by City to Company preceding the date of such termination, plus interest at the rate of interest periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by City) as its prime or base commercial lending rate, from the date on which each Annual Improvement Grant is paid by City until each such Annual Improvement Grant is refunded by Company. The repayment obligation of Company set forth in this section shall survive termination. 5.3 Right of Offset. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Company, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise and regardless of whether or not the debt due City has been reduced to judgment by a court. Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned without the express written consent of the City Manager. 6.2 Limitation on Liability. It is understood and agreed between the Parties that the Company, in satisfying the conditions of this Agreement, has acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the Company's failure to perform its obligations under this Agreement. 6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. 6.4 Authorization. Each Parry represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Parry at the address set forth below or on the day received if sent by courier or otherwise hand delivered. PAGES 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) If intended for City, to Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 If intended for Company: Attn: Eric Hawk Archway 121 Coppell, Ltd. 8390 LBJ Freeway, Suite 565 Dallas, Texas 75243 whawk a r°cG wa r°o „conn With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 N. Akard Dallas, Texas 75201 With a copy to: Attn: John R. Jones John R. Jones, P.C. 123 N. Post Oak Lane, Suite 400 Houston, Texas 77024 jrj@johnrjonespc.com 6.6 Entire Agreement. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 6.7 Governing Law. The Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendment. This Agreement may only be amended by the mutual written agreement of the Parties. 6.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. PAGE 6 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination 6.13 Employment of Undocumented Workers. During the term of this Agreement the Company agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Company shall repay the amount of the Grant and any other funds received by the Company from City as of the date of such violation within one hundred twenty (120) days after the date the Company is notified by City of such violation, plus interest at the rate of four percent (4%) compounded annually from the date of violation until paid. The Company is not liable for a violation of this section in relation to any workers employed by a subsidiary, affiliate, or franchisee of the Company or by a person with whom the Company contracts. 6.14 Conditions Precedent. This Agreement is expressly subject to and the obligations of the Parties are contingent upon: (i) Company and Vari having entered the Purchase and Sale Agreement; and (ii) Company and Vari having closed the purchase of the Property pursuant to the Purchase and Sale Agreement. [Signature page to follow] PAGE % 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) EXECUTED on this day of , 2020. CITY OF COPPELL, TEXAS Karen Selbo Hunt, Mayor ATTEST: Ashley Owens, City Secretary APPROVED AS TO FORM: City Attorney EXECUTED this the day of , 2020. ARCHWAY 121 COPPELL, LTD. DONALD E. DENNIS, ,IR. INC., ITS GENERAL PARTNER Eric W. Hawk Title: Vice -President PAGES 1039-112.% ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) EXHIBIT "A" Legal Description of Property BEING a 9.84 acre (428,553 square foot) tract of land situated in the Thomas W. Cousey Survey, Abstract Number 317, City of Coppell, Dallas County, Texas, and being part of Lot 1, Block 1 of Lots 1 & 2, Phase 1, Block 1, One Twenty One Business Park, an addition to the City of Coppell, Dallas County, Texas, as recorded in Volume 99157, Page 27 of the Deed Records of Dallas County, Texas (D.R.D.C.T.) and being all of a tract of land described in Special Warranty Deed to Sealy Canyon Drive Land, L.L.C, as recorded in Instrument Number 201600333502 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being all of Lot 6R, Block A of Prologis Park One Twenty One, Lots 5R and 6R, Block A, an addition to the City of Coppell, Dallas County, Texas, as recorded in Instrument Number 201600331182, O.P.R.D.C.T. and being all of called 5.93 acre tract of land described in deed to Prologis Logistics Services Incorporated, as recorded in Instrument Number 201500253657, O.P.R.D.C.T., and being more particularly described as follows: BEGINNING at the northeast corner of a called 1.678 acre tract of land described as "Parcel 16" in deed to State of Texas, as recorded in Instrument Number 201200222193, O.P.R.D.C.T., said corner being the intersection of the east right-of-way line of State Highway 121, the south right-of-way line of said Canyon Drive (a 60 -foot wide right-of-way), the north line of said Lot 1, and the point of curvature of a non -tangent circular curve to the left, having a radius of 460.27 feet, whose chord bears South 79 degrees 47 minutes 15 seconds East, a distance of 166.34 feet, from which a found monument bears South 73 degrees 03 minutes 47 seconds West, a distance of 1.0 feet; THENCE Southeasterly, with the north of said Lot 1, the south right-of-way line of said Canyon Drive and with said curve, through a central angle of 20 degrees 49 minutes 17 seconds, an arc distance of 167.26 feet to a corner, from which a 5/8 -inch found iron rod with cap stamped "M. FELOBUSCH" bears South 55 degrees 55 minutes 26 seconds West, a distance of 0.4 feet; THENCE North 89 degrees 43 minutes 31 seconds East, with the north line of said Lot 1 and the south right-of-way line of said Canyon Drive, a distance of 8.24 feet to a set crow's foot for the intersection of said south right-of-way and the west right-of-way line of Northwest Drive (a 33 -foot wide right-of-way), said corner being the point of curvature of a tangent circular curve to the right, having a radius of 25.00 feet, whose chord bears South 22 degrees 48 minutes 47 seconds East, a distance of 19.17 feet; THENCE with the west right-of-way line of said Northwest Drive, the following bearings and distances: Southerly, with the east line of said Lot 1 and with said curve, through a central angle of 45 degrees 04 minutes 36 seconds, an arc distance of 19.67 feet to a found "X" cut in concrete for corner; South 00 degrees 16 minutes 29 seconds East, with the east line of said Lot 1, a distance of 382.20 feet to a set "X" cut in concrete for the southeast corner of said Lot 1; South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 2.75 feet to a 1/2 -inch found iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as "with cap") for the northeast corner of said Lot 6R; THENCE with the common east line of said Lot 6R and the west right-of-way line of said Northwest Drive (a 38 -foot wide right-of-way), the following bearings and distances: South 00 degrees 11 minutes 52 seconds East, a distance of 1.08 feet to a 1/2 -inch found iron rod with cap for the point of curvature of a tangent circular curve to the right, having a radius of 181.00 feet, whose chord bears South 32 degrees 38 minutes 48 seconds West, a distance of 195.43 feet; PAGE 9 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) Southwesterly, with said curve, through a central angle of 65 degrees 20 minutes 56 seconds, an arc distance of 206.44 feet to a 1/2 -inch found iron rod with cap for the point of reverse curvature of a tangent circular curve to the left, having a radius of 219.00 feet, whose chord bears South 53 degrees 43 minutes 48 seconds West, a distance of 88.01 feet; Southwesterly, with said curve, through a central angle of 23 degrees 10 minutes 56 seconds, an arc distance of 88.61 feet to a 1/2 -inch found iron rod with cap for corner; South 42 degrees 08 minutes 20 seconds West, a distance of 412.07 feet to a 1/2 -inch found iron rod with cap for corner; South 87 degrees 08 minutes 20 seconds West, a distance of 26.85 feet to a 1/2 -inch found iron rod with cap for the point of curvature of a non -tangent circular curve to the left, having a radius of 310.50 feet, shoes chord bears North 53 degrees 13 minutes 15 seconds West, a distance of 33.22 feet, said corner being the intersection of the northwest right-of-way line of said Northwest Drive and the northeast right-of-way line of Freeport Parkway (a variable width right-of-way); THENCE with the northeast right-of-way line of said Freeport Parkway and the southwest line of said Lot 6R, the following bearings and distances: Northwesterly, with said curve, through a central angle of 06 degrees 07 minutes 58 seconds, an arc distance of 33.24 feet to a 1/2 -inch found iron rod with cap for corner; North 56 degrees 17 minutes 14 seconds West, a distance of 89.18 feet to a 1/2 -inch found iron rod with cap for the point of curvature of a tangent circular curve to the right, whose chord bears North 52 degrees 11 minutes 09 seconds West, a distance of 160.85 feet; Northwesterly, with said curve, through a central angle of 08 degrees 12 minutes 09 seconds, an arc distance of 160.99 feet to a 1/2 -inch found iron rod with cap for corner at the intersection of the northeast right-of-way line of said Freeport Parkway with the southeast right-of-way line of said State Highway 121; THENCE with the southeast right-of-way line of said State Highway 121, the following bearings and distances: North 43 degrees 04 minutes 04 seconds West, with the southwest line of said Lot 6R, a distance of 9.35 feet to a found monument for corner; North 47 degrees 59 minutes 54 seconds West, with the southwest line of said Lot 6R, a distance of 75.82 feet to a found monument for corner; North 22 degrees 13 minutes 47 seconds West, with the southwest line of said Lot 6R, a distance of 85.52 feet to a found monument for corner; North 37 degrees 38 minutes 29 seconds East, with the northwest line of said Lot 6R, a distance of 145.94 feet to a found monument for corner; North 41 degrees 19 minutes 26 seconds East, with the northwest line of said Lot 6R, a distance of 135.07 feet to a found monument for the northwest corner of said Lot 6R, said corner being on the south line of said Lot 1; South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 0.47 feet to a found monument for the southwest corner of said Lot 1 and the southeast corner of said 1.678 acre tract; PAGE lO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) THENCE with the southeast right-of-way line of said State Highway 121 and the northwest line of said Lot 1, the following bearings and distances: North 41 degrees 19 minutes 26 seconds East, a distance of 267.77 feet to a found monument for corner; North 37 degrees 08 minutes 49 seconds East, a distance of 256.90 feet to a found monument for corner; North 75 degrees 28 minutes 20 seconds East, a distance of 104.95 feet to the POINT OF BEGINNING AND CONTAINING 9.84 acres (428,553 square feet) of land, more or less. PAGE 11 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT CITY OF COPPELL AND ARCHWAY 121 COPPELL, LTD. (TM 118962) City of Coppell, Texas C',P FE L File ID: 2020-5396 Version: 1 File Name: Lobby configuration 265 Master File Number: 2020-5396 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: Engineering File Created: 11/04/2020 Final Action: Title: Consider approval of awarding a contract to Custer Construction in the amount of $122,059.16; for the reconfiguration of the lobby and Community Services counter area at 265 Parkway Boulevard; provided for by CARES Act Funds; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: 265 Lobby Reconfiguration Memo.pdf, 265 Lobby Safety Configurations. pdf, Quote and Scope.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5396 Title Consider approval of awarding a contract to Custer Construction in the amount of $122,059.16; for the reconfiguration of the lobby and Community Services counter area at 265 Parkway Boulevard; provided for by CARES Act Funds; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $122,059.16. This agenda item qualifies for the CARES Act funds. City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5396) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Date: November 10, 2020 Reference: Lobby Safety Reconfiguration 265 E. Parkway Blvd. 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • 265 E. Parkway Blvd. lobby was constructed in an open concept design to allow close contact between staff and public. • Due to safety concerns with COVID-19 and complying with CDC guidelines this is no longer a recommended design. • CARES funding is available to update the design that would accommodate social distancing and enhanced staff safety. • In addition to distancing, a pass-through window would be installed for times the site needs to be completely closed to public, or as an alternative to coming inside the building for service. • All departments affected by the proposed changes provided input as to what would be the most effective design for their department. • Public Works Department is recommending the completion of the lobby reconfiguration for the city -owned facility at 265 E. Parkway Blvd. in the amount of $122,059.16. Introduction: This agenda item is being presented to consider approval of Custard Construction Services, Texas Hub Certification 41454932931700 TIPS Contract 4181101 proposal for the lobby re -configuration at 265 E. Parkway Blvd., in the amount of $122,059.16 using CARES Act Funding and authorizing the City Manager to sign any necessary documents. 1 Analysis: The City -owned facility at 265 E. Parkway Blvd. has a lobby and work area designed as "open concept" allowing the staff and public close contact. Due to CDC recommendations on social distancing to help prevent the transmission of COVID-19 this design is not favorable for the health and safety of staff or customers. This proposal would make the following changes. • Community Development front counter will be extended to separate public from staff • A door will be added in the hallway just past the public bathrooms to prevent unauthorized personnel from entering. • A door will be added at the base of the lobby stairwell to prevent unauthorized access to the second floor. • A door will be added to the hallway from the lobby to the first -floor conference room to prevent unauthorized access. • A pass-through window will be added as a non -contact point of service option. • With the extended counter sealing off one end of Community Development, an exit door from Community Development to the lobby area will be added. • All new doors and the elevator on the first floor will be added to the badge access system so City Staff will have access. Conclusion: Staff recommends changes outlined in this project based on current events and CDC guidelines on social distancing due to the COVID-19 pandemic. Legal Review: N/A. Fiscal Impact: The fiscal impact of the agenda item is a total of $122,059.16, using CARES Act funding. Recommendation: The Public Works Department recommends approval of this item. 2 265 LOBBY SAFETY RECONFIGURATIONS 1. Community Development counter will be extended to separate public from staff. 2. Exit door will be added behind counter for second exitfor Community Development staff. 3. Workstation will be removed. Work area for interaction between staff and public will be added to counter including ADA accessible counter section. 4. Glass door will be added to restrict movement past public restrooms. 5. Door will be added to restrict movement to second floor. Elevator will require badge access on first floor. 6. Glass door will be installed restricting public access to conference room. 7. Pass-through window as an option for customer service as an alternative to coming inside the building. CITY OF COP,PELL 265 111 Floor Remodel New Layout Revised I I October 30, 2020 Andrew Moore City of Coppell amoore@coppelltx.gov 1. Project Background and Description Remodel 1st floor 2 Project Scope • Provide material and labor • Floor cover and wall cover where needed • Remove desk at 2 locations on permits side • Cut down counter tops where greeting window will be installed • Install Greeting window with Passthrough • Cut wall by permits and install: a bronze storefront frame and door (3'x7') E Demo half pieces of tile and thinse't Install floor the where desk was removed Install wall base the and metal top base to match existing Install appox 30' of 42" high by 36" deep desk with open shelving 30' desk will have paneling on front to match existing 30' desktop to be laminated to match existing Upper countertop will be solid surface Install Dirtt Wall system in front of elevator and around columns. Dirtt wall have a set of double doors Build header to attach Herculite header Install one Herculite door with side panel (5'x9') Move existing Herculite door to new location Prep, and paint affected areas by demo work Prep and paint new mill work Install swing door at greeting desk • Work to be done during normal business hours 7-5 Monday/Friday • Tile work to, be done after hours • Continuous clean during project • Final clean 3. Specific Exclusions frorn Scope • Anything not specifically stated in scope of work • electrical • electrical for door systems • sprinklers • HVAC • Fire alarms • Any Engineering or Design associated with project • Permits or any fees associated with permits • Sales Tax 6"VX-1077 $119,082.11 Bond 2.5% $ 2,977.05 Total with bond included RA $122,059.16 lie 6roved By Dat 4 Approved By Date Custarld Construction Services 121,44,115-2383 /cliur'is@(:tjst.ardcoiistiiY uctiorisvcs.c(,,)m go City of Coppell, Texas C',P FE L File ID: 2020-5389 Version: 1 File Name: 265 Roof Replacement Master File Number: 2020-5389 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: Engineering File Created: 11/02/2020 Final Action: Title: Consider approval of award to enter into a contract with The Garland Company for the emergency replacement of the roof at 265 Parkway Boulevard, in the amount of $300,000.00, as provided from the fund balance of the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: 265 Roof Replacement Memo.pdf, 265 Emergency Roof Replacement Package.pdf, 265 Roof Replacement Summary of Work.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5389 Title Consider approval of award to enter into a contract with The Garland Company for the emergency replacement of the roof at 265 Parkway Boulevard, in the amount of $300,000.00, as provided from the fund balance of the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $300,000 from the fund balance of the Infrastructure Maintenance Fund. City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5389) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 11/6/2020 T H E - G I T Y • 0 F COPPELL, L MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Steve Shore, Facilities Manger Date: November 10, 2020 Reference: Roof Replacement 265 Parkway Blvd. 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: • 265 Parkway Blvd was constructed in 2001. • The roof has had numerous and continuous leaks over the years which have been patched and repaired multiple times. • The roof was scheduled for replacement fiscal year 2021/2022. • A destructive test investigation including a moisture scan was performed. • Due to several deficiencies uncovered it has been determined that the roof at 265 Parkway is at risk for imminent failure in a severe weather event and needs immediate replacement. • Public Works Department is recommending the complete roof removal and replacement for the city -owned facility at 265 Parkway Blvd. this fiscal year in the amount of $300,000.00 Introduction: This agenda item is being presented to consider approval of a contract with the city's contracted roofer, The Garland Company, a member of OMNIA Partners quote 0265-01, for the replacement of the roof located at 265 Parkway Boulevard, in the amount of $300,000.00; provided by the fund balance of the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. 1 Analysis: The city -owned facility at 265 Parkway was constructed in 2001 by a private developer and the roof is original to the facility. After the city purchased the facility, maintenance and repairs have been undertaken annually. The roof was repaired at the time of purchase, and has been patched and repaired over the years, but roof leaks continue. Staff recently commissioned a destructive test and moisture scan to identify the root causes. The primary issues with the current roof as noted by the destruction test and moisture scan are: • High levels of moisture trapped in roof assembly. • Moisture degradation in insulation board. • Detached facer of insulation board from moisture trapped in roof assembly. • Missing vapor barrier over wood deck. • Liquid applied roofing system detached from original EDPM roof membrane from expansion of trapped moisture. • Presence of moisture on wood deck surfaces. • Rapid galvanic corrosion on fastening plates from trapped moisture in roof assembly. • Galvanic corrosion on 16D nails mechanically attaching wood deck to structure. • Obsolete insulation caused by moisture degradation. • Moisture stains under wood deck noted during leak inspection. • Blistering on upper roof sections. Conclusion: Staff had originally identified this roof for replacement next fiscal year, but recent and continued leaks throughout the building led to an investigation of the roof condition. The study was anticipated to identify exactly what repairs would be needed in the interim, as well as recommendations for the replacement next fiscal year. However, the study identified the potential for failure of the roof system under certain weather and temperature conditions, prompting the need to proceed with the replacement now to avoid safety risks. Based on physical roof discoveries, destructive investigation, moisture scan, IBC 218, ASCE 7-10 ASTM and all applicable codes, the recommendation is to remove all roof assemblies down to the roof deck, install vapor control layer, install insulation, recovery board, base sheet, fleece back according to manufacturer's recommendation. The work will be performed during normal hours and performed such to minimalize the disruption to city staff working on site. The contractor will provide a "floor warden" to be stationed inside the site to monitor work to ensure safety of staff. The roof replacement will take approximately one month to complete. Legal Review: N/A. Fiscal Impact: The fiscal impact of the agenda item is a total of $300,000, provided by the fund balance of the Infrastructure Maintenance Fund. Recommendation: The Public Works Department recommends approval of this item E c 11 COPFELL 265 1::lar-kwav 130d Roof Conditions 8c SdUlti&IIS 1:::Zeroor"t Case # 026101 Prepared By RL.J!,;!,;elHl Robert!; Prepared For, Mober 30, 2020 ollf C oVIII' iii te IIIIr°iii'Its TheCity of Coppell / Client Data.........................................................................................................................................3 265 E Parkway / Facility Summary ......................................................................................................................................4 265 E Parkway / Facility Drawing........................................................................................................................................8 265 E Parkway / Low Slope: Lower Roof / Roof Section Photo..........................................................................................9 265 E Parkway / Low Slope: Lower Roof / Construction Details.......................................................................................10 265 E Parkway / Low Slope: Lower Roof / Photo Report: May 28, 2020 - Roof Core Analysis Photographic Report ...... 12 265 E Parkway / Low Slope: Lower Roof / Solution: May 29, 2020..................................................................................31 265 E Parkway / Low Slope: Upper Roof / Roof Section Photo........................................................................................32 265 E Parkway / Low Slope: Upper Roof / Construction Details.......................................................................................33 265 E Parkway / Low Slope: Upper Roof / Photo Report: May 28, 2020 - Roof Core Analysis Photographic Report ...... 35 265 E Parkway / Low Slope: Upper Roof / Solution: May 29, 2020..................................................................................46 01 11 00 Summary of Work - 265 E Parkway.pdf............................................................................................................47 H P. C i YY' 0 $1 COPPELL 11,11c, 40 G::116^ir7; The City of Coppell The City of Coppell 265 Parkway Boulevard Coppell 75019 Andrew Moore �.• � S 11.1 AMoore@CoppeIITX.Gov imr III t 1,j ���I 4. I� v m �lY oo�� �lY oo��� 1 v Texas United States Facilities Supervisor (e. IIIluilr1!nt I111)ata 1113wie „w H P. C i YY' 0 $1 11111c, 0 G::Illi^Ir7; The City of Coppell a:pa:.lilllity; 265 E Parkway Case #0265-01 a , , III III ty S ill i I IIIA I III'sTIll a III' 265 E Parkway Boulevard Coppell Texas 75019 Municipal 15,844 Andrew Moore As requested by City of Coppell, an investigation of the roofing system including moisture scan and destructive testing at the referenced address above was performed on May 28, 2020 between 7:00 AM - 10:00 am. The Garland Company, Russell Roberts, Drone Roofing, Tyler Walker and arrived on site at 265 E Parkway, Coppell, TX 75019 at 7:00 am to meet with City of Coppell, Facilities Department (referred to as "Client" hereafter). Introduction: 111::wuflfty Sw.mummninair7 13age,19 This report contains current roof conditions and ASTM, City codes applicable to the roof system installed at 265 E Parkway, Coppell, TX 75019. Please note that if new or additional information becomes available after the date listed on this report relative to these roof systems, The Garland Company (referred to as "Manufacturer" herein) reserves the right to revise report for case #0265-01 based on new information provided after the date of May 28, 2020. Project Description: This investigation is limited to the performance of roofing materials and assembly of roof components at the subject property. The subject project consisted of a flat roof section and metal flashing installed on perimeter of building, all part of one building located at 265 E Parkway, Coppell, TX 75019. Scope of Work: Contractor scope of work for this project is to determine IF the integrity of roofing materials applications is in compliance with the ASTM requirements, local building codes and investigate why and where existing moisture is trapped in roof assembly. This Investigation(s) was organized to determine: • To document the cause of reported roof leaks. • If the single ply roofing membrane with liquid applied roofing system is retaining moisture from condensation below roof deck. • If diminution of insulation board from very high amounts of unwanted moisture trapped in roof assembly has reduced or nullified required R Value required by IECC. • If the roofing assembly including insulation boards, cover -boards and fasteners are performing perASTM El 08 and ASTM E 84 in accordance best practice with manufacturer's current installation instructions and local building codes. • If the fasteners have been compromised by moisture trapped in roof assembly causing deck substrate premature failure. Active Participants: The Garland Company, Drone Roofing, City of Coppell Site Visit: May 28, 2020 Initial trip to observe and document all roofing assemblies, complete moisture scan and accessories general conditions (Manufacturer, Contractor, Client,) Property Description and Site Conditions: Community Location- Coppell, TX Municipal Facility Elevation - 2 Story >30' mean roof height Framing - Masonry Foundation - Slab on grade II w.mu m mn°ura ur Exterior- Masonry Wall Directional Setting- North Roof Slope/Pitch- Flat:'/a": 12 Roof Design- <> low slope Wind Speed- International Building Code (IBC) designated wind speed is 110 mph per. Exposure - B Codes and Installation Instruction: Coppell is a city in the U.S. state of Texas, Most of the city is in Dallas County. City of Coppell building department adopted the 2018 International Building Code (IBC). City of Coppell building department adopted the 2018 International Energy Code Council (IECC) design requirements. IBC 2018: Section 1403.2 Flashings shall be installed in such a manner so as to prevent moisture from entering the wall or to redirect it to the exterior. Flashing shall be installed at the perimeters of exterior. Flashings shall be installed at the perimeter of exterior door and window assemblies, penetrations and terminations of exterior wall assemblies, exterior wall intersections with roofs, chimney, porches, decks, balconies and similar projections and at built-in gutters and similar locations where moisture could enter the wall. Flashing with projecting flanges shall be installed on both sides and the ends of copings, under sills and continuously above projecting trim. IBC 1503.3.1 requires roof covering shall be applied and installed in accordance with this code and the manufacturer's instructions such that the roof covering shall serve to protect the building or structure. Exhibit A. Wall Coping Metal (Parapet): For parapet walls, positive slope to the roof side should be provided at the top of the wall. A continuous tapered shim installed over the wood blocking is a common method of sloping the top of the wall to the roof side. When weather -tight seams are not installed, copings should have a continuous sheet membrane liner under the coping that should be capable of providing a secondary water barrier. If installed, a sheet membrane liner may also act as an isolation sheet for incompatible materials or act as a slip sheet for materials with differential movement. Roofing Product Identification: Manufacturer's specifications and design requires roof surface to provide positive discharge of moisture from roof assembly, Ultra -Violent ray protection and sustain life cycle of design according to ASTM requirements. • The Garland Company observed high levels of moisture trapped in roof assembly. • The Garland Company observed moisture degraded insulation board. • The Garland Company observed detached facer on insulation board from moisture trapped in roof assembly. • The Garland Company observed missing vapor barrier over wood deck. • The Garland Company observed liquid applied roofing system detached from original EPDM roof membrane from expansion of trapped moisture. • The Garland Company observed presence of moisture on wood deck surfaces. • The Garland Company observed rapid galvanic corrosion on fastening plates from trapped moisture in roof assembly. • The Garland Company observed galvanic corrosion on 16D nails mechanically attaching wood deck to structure. • The Garland Company observed obsolete insulation caused by moisture degradation. • The Garland Company observed moisture stains under wood deck during roof leak investigation. • The Garland Company observed blisters on upper roof section. Conclusion: Based on physical roof discoveries, destructive investigation (see photographic documentation section of this report) moisture scan, IBC 2018, ASCE 7-10, ASTM and all applicable codes our recommendation is to remove all roof assemblies down to roof deck, install vapor control layer, install insulation, recovery board, base sheet, fleece back according to manufacturer's recommendations based on all applicable codes. CRITICAL ITEMS (Listed by priority) Il ois ��Rg un exis in Rood sseuro�lbU� wi�l�pq parrier- • Moisture trapped in roof asserr7bly and wood deck compromise wind uplift fastening capabilities of existing roof asserr7bly to structure during high winds creating upward pressure applied to structure increasing chance for roof asserr7bly to detach frorn structure due to extrerne suction loading of single ply rnernbrane. • Moisture trapped in roof asserr7bly under standard atmospheric: pressure an 80 degree Fahrenheit temperature rise can expand water 1,500 tirnes its original liquid volurne. This expansion of moisture increases live load requirements that were NOT included in original building design increasing chance of structural deck collapse. • Moisture trapped in roof asserr7bly on existing roof asserr7bly creates higher hurr7idity levels as a direct result of NO VAPOR BARRIER separating interior of structure frorn wet insulation board installed directly over wood deck. F-ligh hurr7idity levels will increase as I--IVAC systerr7 removes stagnate air frorn building and "Dumps" fresh air into structure. Condensation on windows and window frarnes are direct consequential effects occurring frorn missing vapor barrier. • Moisture trapped in roof asserr7bly migrating into interior of building also effects breathable spaces below roof deck frorn unwanted moisture in norninal space. • Moisture degraded insulation board: "Liquid water should never be present in a building systerr7. If an insulation, polyiso or polystyrene, is submerged in water, the insulation benefit disappears as the water short circuits around the insulation. Insulations must be kept dry. If rninor contact does occur, the foil facings and closed cells of polyiso provide excellent water resistance." (PIMA Technical Bulletin #402 "Polyiso Insulation and Water Absorption") Third Party References listed below: 1. PIMA Technical Bulletin #402 - Poly Insulation and Water Absorption 2. 1000 reasons not roof over wet insulation, Dick Baxter, NRCA President 1986 3. RCI - Its not the heat, its the humidity 4. RCI -AVOIDING CONDENSATION IN LOW SLOPE ROOFING ASSEMBLIES, 2018 Low Slope: Lower Roof N/A 5,198 Ladder Needed Low Slope: Upper Roof N/A 10,894 Ladder Needed illli�u +^��i� d°"d' x u'w�w iIC�.. I H P. C i YY' 0 $1 COPPELL 11„, 0 G::Illi^Ir7: The City of Coppell p�:.lillli: 265 E Parkway 1ZXX fi S&Ali )in" Low Slope: Lower Roof Roof # 1 1 1 1 0 t lu l«n t0 III 11 D eta Ill t ,lu N/A 1/4" Ladder Needed 5,198 30 Liquid Coating Drone Roofing & Construction Tyler Walker (817) 559-7288 (Office) (817) 559-7288 (Mobile) tylerwalker@drone- roofing.com Surfacing Reflective Cold applied .1 55 Mils Membrane EPDM - unreinforced Fully Adhered - 45 Mils Insulation Polyisocyanurate Mechanically attached 12 2" Deck Plywood Mechanically attached 1.25 1" „,t:oi:, mm t wm�i���9Clii�w m Illteta'fl.s 1113wl 'I10 Parapet Wall EPDM Internal Roof Drains Brick Metal HVAC Illteta'fl.s 1113wl '111111 H P. C i YY' 0 $1 COPPELL 11 „' 0 G::Illi^Ir7: The City of Coppell p�:.lillli: 265 E Parkway S&:fl()in'I Low Slope: Lower Roof D 111 trw e p IIIA t Z.E, )()lrl lf:)MEI 05/28/2020 i IE, Roof Core Analysis Photographic Report Photograph shows all core sections on lower roof section. II1�3I11110 i) 1111:Z llfp�ortIlMay28, 2020 IllZoi:)m;wf'(Imre nlllys' III1�3hotii)giraph 1111:Z llfp'ort 1113ag'II112 Photograph shows 100% reading on Tramex Model RWS (moisture detection) in roof assembly at Core A location. Photograph shows dimension of lower roof section Core A. II1�3I11110 i) III Z,ellfp�offIlMay 28, 2020 IllZoi:)m;wf Imre nlllys' III1�3hotii)gira ph III Z,ellfp'ort 1113ag'II13 Observed liquid applied roofing system applied over original EPDM single ply roof membrane. Observed moisture on insulation facer sheet. Observed moisture present on underside of single ply roof membrane. II1�3I11110 i) III Z,ellfp�orCIlMay 28, 2020 IllZoi:)m;wf Imre nlllys' III1�3hotii)gira ph III Z,ellfp'ort 1113ag'III,11�9� Observed moisture on insulation facer sheet. Observed moisture present on insulation board surface. Lower Roof Section: Core A Observed EPDM single ply membrane with liquid applied base layer and white reflective liquid applied roof system. II1�3I11110 i) 1111:Z llfp�offIlMay 28, 2020 IllZoi:)m;wf Imre nlllys' III1�3hotii)giraph 1111:Z llfp'ort 1113ag'I1115 ahv� d t," a nenv'%, Na""Y P�m . . ................................................ ... ... ... ... ... ... ... ... Vaplex zl- AiWag a Vapor Retarder Redeeres the Patentlal,fbr Coiidenvation.- R,,Po� bxiak V,),IpC'f RCVAr,"W,r .. ....... . . ............................. . . . Wlxr? """, dAtinud 1P belt "[11CIreAle's the Parflual for n,appe.W Water ften of Leaks Observed moisture on insulation facer sheet. Observed weather related impacts on insulation facer sheet from recent storm events. Diagram shows vapor retarder reduction of condensation trapped in roof assembly. E x i s L i.Dg . Loaf assembly does NO .. I . ..have Lygric. ..... ........ .......................................... ............................ ..... _ b u ff..e r o r \..i.A.R) o r barrier J n s LA IJ e d See,,,, .)hoto .......... A b o..\..t e..... 111311110b�) 111:ZelportIlMay 28, 2020 111::Zoi:)of (i�)re Analllys' 1113hoti�)giraphk: 111:Zelport1113age '1116 Observed moisture degradation of wood deck (circled inred). Photograph shows moisture trapped in insulation board directly above moisture degraded wood deck. assemblyi.joes NOT yg..L,)or barrier installed See diagram below for explanation. cxfi Drie)(mten"o, Swrimer Cokt, C)ry FAteocv- rWAVfk,,I� wv pcmn,� RV& fed , IXY fi*,,ox WP�infet, Sunwover, (TOP) Rgure I,, Onter ard SUrnMer' roof,vapm" di,ive (B,C) II TOM) Rg�,.ure2", Winer and surnirner roof dew poInt corddoin Digram shows climate roof vapor drive effects on roof assembly. Diagram shows roof dew point conditions based on climate and season. Observed liquid applied roof system installed over original roof. 111311110b�) 111:ZelporClMay 28, 2020 111rC)of mre Analllys' 1113hoti)giraphk: 111:Zelport 1113age '111:11:11: Photograph shows thickness of original roof (EPDM). Photograph shows thickness of liquid applied roof system. (Includes base coat and top coat) II1�3I11110 i) 1111:Z llfp�orCIlMay28, 2020 IllZoi:)m;wf Imre nlllys' III1�3hotii)giraph 1111:Z llfp'ort 1113ag'III1��) Observed void in coating installed over original roof assembly along seam. �.Eg.,g.nfg of moisture 1OXView Lower Roof Section: Core Observed presence of moisture trapped in coating installed over original roof assembly. Photograph shows single layer of2^of insulation board. Observe 1^ofmoisture trapped intop surface of insulation board. See Diagram above for Photograph shows repair completed at [ore A. Photograph shows Lower Roof Section: Core Bdimension. Photograph shows liquied applied roof system installed over original EPDM roof assembly. Observed moisture present on top surface of insulation board. II3IIIm0b) 111 we IIIp'orCIlMay 28, 2020 IllZii:) ° f ii�)re Analllysms I1113h wtiiwgira ph Ill weIIIp'ort 1113age 23 Observed moisture damaged on wood deck surface from contraction and expansion of roof deck. (See cracks and old moisture marks) Observed corroded fastener attaching wood deck to framing members "Rafters" below roof deck. II3IIIm0b) 11l1we IIIp'orCIlMay 28, 2020 IllZii:) ° fiiwr nlllysms 111113hotiiwgira ph Ill weIIIp'ort 1113a'; e 2,19 ROOF AIR BARRIER SEALED TOWALL MR! BARRIER TOMAINTAIN (.'�ONTnNL|TY ROOF AIR E�A,RRIER WALL AIR BARRIER NOTE� THIS FiGURE IS IINTIEND,ED TO CONCEPTUALLY DEPICT A CON71INUOUSAIR BARRIER SYSTEM V1 A BUILDING, --------------------------------------------- Diagramshows roof barrier application over wood deck tostop vapor drive and lower condensation levels in roof assembly. Photograph shows repair made at Lower Photograph shows Lower Roof Section: Core C dimension. Photograph shows 100% reading on Tramex Model RWS (moisture detection) in roof assembly at Core A location. II3IIIm0b) 11l1we IIIp'offIlMay 28, 2020 IllZii:) ° fiiwr nlllysms 111113hotiiwgira ph Ill weIIIp'ort 1113age 26 Photograph shows close up view of 100% reading on Tramex Model RWS (moisture detection) in roof assembly at Core C location. Observed corroded fastener and plate. II3IIIm0b) 111 we IIIp'offIlMay 28, 2020 IllZii:) °,wf ( ii�)re Analllysms I1113h wtiiwgira ph Ill weIIIp'ort 1113w3e, "' Photograph shows close upview ofrapid galvanic corrosion from moisture trapped in roof assembly. Photograph shows close upview ofcorrosion on fastener and plate at Lower Roof Section Core hm,ulafion fastener fliami-Wly Attached Photograph shows uplift effect ofsingle ply adhered system during high winds, gale force winds and the like. .1 ulglk. ff g.Lin', roof to structure. Observed presence of moisture and past moisture damage on insulation board. Photograph shows repair made at Lower H P. C i YY' 0 $1 COPPELL 11 „, 0 G::Illi^Ir7: The City of Coppell a:pa:.lilllity; 265 E Parkway lZXX fi Sa^aIli )in” Low Slope: Lower Roof Case #0265-01 So �����° �� ���„�����I � „ III ��� III �� � ���,�� (,,,,, III � �� ��...... . ills Replace Action Year: 2020 5,198 Expected Life (Years): 30 $96,366.00 Scope of work: See specification below with all requirements concerning mobilization, permits, labor, materials, COVID 19 prevention plan, equipment, toilets, first aid, OSHA and all applicable code requirements adopted by city of coppell. See Section 01 11 00 Summary of work for scope of work and requirements. &Affion�� May 29, 2020 13age 311 C19 M H P. C i YY' 0 $1 COPPELL 11t„, 0 G::Illi^Ir7: The City of Coppell p�:.lillli: 265 E Parkway S&:1li )in" Low Slope: Upper Roof Roof # 1 1 1 1 0 t lu l«n t0 III 11 D eta Ill t ,lu N/A 1/4": 12" Ladder Needed 10,894 30 Liquid Coating Surfacing Reflective Cold applied .1 55 Mils Membrane EPDM Fully Adhered - 45 Mils Insulation Polyisocyanurate Mechanically attached 12 2" Deck Plywood Mechanically attached 1.25 1" �,'i:wmm t wmi ilCiiiww m Ill etafls 1113wie 33 Parapet Wall EPDM Internal Roof Drains Brick Metal HVAC is �,"i:wmm t wmi ilCiiiww m Ill etafls 1113 w i 11 H P. C i YY' 0 $1 COPPELL 11 „' 0 G::Illi^Ir7: The City of Coppell p�:.lillli: 265 E Parkway S&Ili )in" Low Slope: Upper Roof D 111 trw e p IIIA t Z.E, )()lrt lf:)MEI 05/28/2020 i IE, Roof Core Analysis Photographic Report Aerial view shows core locations of upper roof section. II3IIIm0b) I111:ZeIlfportIlMay 28, 2020 IllZii:)';wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �IIIp'ort 1113ag5 Photograph shows Upper Roof Section Core Ddimension. Observed corroded fastener and plate. Observed moisture trapped in insulation board fastened to wood deck. Observed presence of moisture in roof deck. Observed corroded insulation fastener. II3IIIm0b) IllweIlfp'orCIlMay 28, 2020 IllZiiw) wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �'IIp'ort 1113a l µ ,u Observed moisture trapped in insulation board fastened to wood deck. Observed presence of moisture in roof deck. Observed corroded insulation fastener. II3IIIm0b) IllweIlfp'orCIlMay 28, 2020 IllZiiw) wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �'IIp'ort 1113a l µ Photograph shows close up view of moisture trapped in roof deck. Observed 1OO^opening Photograph shows inspection tool penetrating 6" into interior of building. *;*;*,b,s,,nref:.._n:�..l.,,,i,n„ air ba..C.ri.eY...I.....a.I..I,a,vr,in €.001 conc::�Utioned air into ................................................................................................................... 2Li................. in,:Y Roof assembly. A:!..r...ba.rrj..C....1.s...f�esi nec::1 to ,prohibit transfer of conditioned air into ................................................................................................................... insulation boar..d .................................................................................................... ROOF AIR, BARRIER SEALED TO WALL, AUR BARRIER TO MAINTAIN (:ONTIIU° LHTY Diagram shows Roof RO F AUR BARRIER WALL AIR BARRIER NOTE: THIS FiGURE IS IINTIEND,ED TO CONCEPTUALLY DEPICT A Sr» NTIMNUO US AIR BARRIER SYSTEM IIN A BUILDING, --------------------------------------------- Assembly Vapor Barrier providing separation between conditioned space (Cool / Hot Air) from Roof components. mww iiw lllww„Il ww : Il��;w,' U�, �p wap IllZii:)°,wf( ii)ww„ AnaIlllysIs I1113h wtiiwgraph IllZeIlIp'ort 1113age 1) Photograph shows moisture present in top of insulation board (1 "). Observed moisture degradation of insulation board. II3IIIm0b) I111:Ze'Ilfp'orCIlMay 28, 2020 IllZii:)';wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �'IIIp'ort 1113ag90 Photograph shows moisture present in top of insulation board (1 "). Photograph shows moisture present from bottom of insulation board to top of insulation board surface. II1�3I11110 ii) IIlZtilllfp�orClMay 28, 2020 IllZoi:)m;wf ImreAn lllys's 1111�3hotii)giraph IIIZ,ellfp'ort 1113ag,11�9�'II Photograph shows repair made at Upper Roof Section Core D. Photograph shows Upper Roof Section Core E dimension. II3IIIm0tiiw IllweIlfP'OrCIlMay 28, 2020 IllZii:)';wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �'IIIp'ort l3ag 9 w Photograph shows Tramex moisture detection meter at 100% at Upper Roof Core Section E. Photograph shows close up view of reading (100% Moisture) at Upper Roof Section E Core location. II3IIIm0b) IllweIlfp'offIlMay 28, 2020 IllZii:)';wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �'IIIp'ort 1113ag93 11 09 1 Observed moisture degradation of insulation facer sheet. Insulation board facer detached from insulation board from presence of moisture trapped in roof assembly. II3IIIm0b) IllweIlfp'orCIlMay 28, 2020 IllZii:)';wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �'IIIp'ort 1113age,19,111 Photograph shows moisture present in top of insulation board (1 "). Photograph shows repair made at Upper Roof Section Core E. II3IIIm0b) IllweIlfp'offIlMay 28, 2020 IllZii:)';wf ( ii)re Analllysms I1113h wtiiwgiraph 1111:Z �'IIIp'ort 1113ag95 H P. C i YY' 0 $1 COPPELL 11 „, 0 G::Illi^Ir7: The City of Coppell a:pa:.lilllity; 265 E Parkway lZXX fi Sa^aIli )in” Low Slope: Upper Roof Case #0265-01 So �����° �� ���„�����I � „ III ��� III �� � ���,�� (,,,,, III � �� ��...... . ills Replace Action Year: 2020 10,894 Expected Life (Years): 30 $202,956.00 Scope of work: See specification below with all requirements concerning mobilization, permits, labor, materials, COVID 19 prevention plan, equipment, toilets, first aid, OSHA and all applicable code requirements adopted by city of coppell. See Section 01 11 00 Summary of work for scope of work and requirements. &Affion�� May 29, 2020 1113age,196 SECTION 01 11 00 SUMMARY OF WORK PART 1 — GENERAL 1.1 RELATED DOCUMENTS — 265 E Parkway Blvd. Emergency Roof Replacement A. Attached GENERAL CONDITIONS, BID FORM, Component sections, forms a component part of this section. 1. Remove existing metal roof down to existing roof deck(wood). 2. Replace or repair deck as needed to ensure structural integrity. Build new curbs for units that are improperly supported. 3. Install VAPOR BARRIER over wood deck for moisture barrier. 4. Mechanically attach 2 layers of 2.2" ISO board insulation per wind uplift calculation. 5. Adhere 1/2" coverboard mechanically fastened to roof deck.. 6. Install additional pressure treated wood nailers to match insulation height. 7. Install 4" fiberglass cant at rise walls and curbs set in mastic. 8. Install SBS modified 80 mil base ply extending over edge cold applied. 9. Install SBS modified mineral cap sheet in Weatherking (3 Gallons per Square). 10. Prime substrate and allow to dry then install 80 mil SBS modified flashing base ply in flashing adhesive. 11. Install SBS modified mineral cap flashing ply in flashing adhesive. 12. Three course all flashing laps with aluminized mastic and mesh 13. Terminate all field plies 2" above cant. Terminate all flashing plies minimum 10" above roof surface. Extend curb flashing over top of curbs. 14. Extend flashing base ply 6" onto field of roof and flashing cap ply 9" onto field of roof. 15. Install termination bar attached with fasteners at minimum 8" on center and three -course with flashing mastic and mesh reinforcement. 16. Fabricate and install prefinished 24 ga. counterflashing on rise walls fastened 6" o.c. 17. Install new 4 Ib. lead to drain pans, plumbing vent flashings and heat stack storm collars. Prime both sides of flange and set in mastic over field plies. Strip in with base and cap adhered with flashing mastic. 18. Paint gas lines safety yellow. 19. General Contractor/Roofing to provide 5 Year workmanship warranty. 20. General Contractor/Roofing Contractor to provide 1St Year of maintenance. 1.2 INTENT OF THE SPECIFICATIONS A. The intent of these specifications is to describe the material and methods of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. When there is a discrepancy between drawings, referenced specifications, and standards and this specification, this specification shall govern. 1.3 PROTECTION A. The contractor shall use every available precaution to provide for the safety of the property owner, visitors to the site, and all connected with the work under the Contract. B. All existing facilities both above and below ground shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted. C. Barricades shall be erected to fence off all construction areas from operations personnel. D. Safety Requirements: 01 11 00-1 SECTION 01 11 00 SUMMARY OF WORK 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. Comply with federal, state, and local and owner fire and safety requirements. 3. Advise owner whenever work is expected to be hazardous to owner employees and/or operations. 4. Maintain a crewman as a floor guard whenever roof decking is being repaired or replaced and whenever any roofing is being removed. 5. Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. 6. ALL SAFETY REQUIREMENTS OF THE BUILDING OWNER MUST BE FOLLOWED. NO EXCEPTIONS WILL BE PERMITTED. 1.4 HOUSEKEEPING A. Keep materials neat and orderly. B. Remove scrap, waste and debris from project area. C. Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. D. Fire protection during construction. E. Follow all requirements established by the building owner. END OF SECTION 01 11 00-2 ll3w:wwi SECTION 01 11 00 SUMMARY OF WORK T Ht H C M T Y 0 H' CFFELL �vw �x 265 PARKWAY BLVD EMERGENCY ROOF REPLACEMENT ROOF REPLACEMENT 2020 CASE# 0265-01 STEVE SHORE PH: 469-416-8203 CITY OF COPPELL ADDRESS: 265 PARKWAY BLVD COPPELL, TX 75019 GARLAND DBS RUSSELL ROBERTS PH: 817-789-2544 01 1100-1 SECTION 01 11 00 SUMMARY OF WORK PART 1 — GENERAL Budget: $300,000.00 1.1 RELATED DOCUMENTS — 265 E Parkway Blvd. Emergency Roof Replacement A. Attached GENERAL CONDITIONS, BID FORM, Component sections, forms a component part of this section. 1. Remove existing metal roof down to existing roof deck(wood). 2. Replace or repair deck as needed to ensure structural integrity. Build new curbs for units that are improperly supported. 3. Install VAPOR BARRIER over wood deck for moisture barrier. 4. Mechanically attach 2 layers of 2.2" ISO board insulation per wind uplift calculation. 5. Adhere 1/2" coverboard mechanically fastened to roof deck.. 6. Install additional pressure treated wood nailers to match insulation height. 7. Install 4" fiberglass cant at rise walls and curbs set in mastic. 8. Install SBS modified 80 mil base ply extending over edge cold applied. 9. Install SBS modified mineral cap sheet in Weatherking (3 Gallons per Square). 10. Prime substrate and allow to dry then install 80 mil SBS modified flashing base ply in flashing adhesive. 11. Install SBS modified mineral cap flashing ply in flashing adhesive. 12. Three course all flashing laps with aluminized mastic and mesh 13. Terminate all field plies 2" above cant. Terminate all flashing plies minimum 10" above roof surface. Extend curb flashing over top of curbs. 14. Extend flashing base ply 6" onto field of roof and flashing cap ply 9" onto field of roof. 15. Install termination bar attached with fasteners at minimum 8" on center and three -course with flashing mastic and mesh reinforcement. 16. Fabricate and install prefinished 24 ga. counterflashing on rise walls fastened 6" o.c. 17. Install new 4 Ib. lead to drain pans, plumbing vent flashings and heat stack storm collars. Prime both sides of flange and set in mastic over field plies. Strip in with base and cap adhered with flashing mastic. 18. Paint gas lines safety yellow. 19. General Contractor/Roofing to provide 5 Year workmanship warranty. 20. General Contractor/Roofing Contractor to provide 1St Year of maintenance. 1.2 INTENT OF THE SPECIFICATIONS A. The intent of these specifications is to describe the material and methods of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. When there is a discrepancy between drawings, referenced specifications, and standards and this specification, this specification shall govern. 1.3 PROTECTION A. The contractor shall use every available precaution to provide for the safety of the property owner, visitors to the site, and all connected with the work under the Contract. B. All existing facilities both above and below ground shall be protected and maintained free of damage. Existing facilities shall remain operating during the period of construction unless otherwise permitted. All access roadways must remain open to traffic unless otherwise permitted. 01 11 00-2 SECTION 01 11 00 SUMMARY OF WORK C. Barricades shall be erected to fence off all construction areas from operations personnel. D. Safety Requirements: 1. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. Comply with federal, state, and local and owner fire and safety requirements. 3. Advise owner whenever work is expected to be hazardous to owner employees and/or operations. 4. Maintain a crewman as a floor guard whenever roof decking is being repaired or replaced and whenever any roofing is being removed. 5. Maintain proper fire extinguisher within easy access whenever power tools, roofing kettles, and torches are being used. 6. ALL SAFETY REQUIREMENTS OF THE BUILDING OWNER MUST BE FOLLOWED. NO EXCEPTIONS WILL BE PERMITTED. 1.4 HOUSEKEEPING A. Keep materials neat and orderly. B. Remove scrap, waste and debris from project area. C. Maintenance of clean conditions while work is in progress and cleanup when work is completed shall be in strict accordance with the "General Conditions" of this contract. D. Fire protection during construction. E. Follow all requirements established by the building owner. END OF SECTION 01 11 00-3 City of Coppell, Texas C',P FE L File ID: 2020-5395 Version: 1 File Name: BEC Legacy Recognition Master File Number: 2020-5395 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: Parks and Recreation File Created: 11/04/2020 Final Action: Title: Consider a Resolution of the City of Coppell approving the placement of a plaque commemorating the contribution of Lou Duggan at Coppell BioDiversity Center in the City of Coppell, Texas; and authorizing the Mayor to sign. Notes: Sponsors: Attachments: Memo.pdf, Resolution - Lou Duggan.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5395 Title Consider a Resolution of the City of Coppell approving the placement of a plaque commemorating the contribution of Lou Duggan at Coppell BioDiversity Center in the City of Coppell, Texas; and authorizing the Mayor to sign. Summary See attached memo. Fiscal Impact: No fiscal impact. Staff Recommendation: The Parks and Recreation Department recommends approval. City of Coppell, Texas Page 1 Printed on 11/6/2020 Master Continued (2020-5395) Strategic Pillar Icon: 11::::�osteiir ain Illunclllusiiive Cornirnurfl-ty 1::::41biidc rfty Oasls' Cireate usiiness aur Illununevatieun IIIModes 'Sirriw-t IReSOLJH`Ce Sustainable Government City of Coppell, Texas Page 2 Printed on 111612020 MEMORANDUM To: Mayor and City Council From: Molly Bujanda, Community Programs Manager Via: Brad Reid, Director of Parks and Recreation Date: November 10, 2020 Reference: Consider a Resolution of the City of Coppell approving the placement of a plaque commemorating the contribution of Lou Duggan at Coppell BioDiversity Education Center in the City of Coppell, Texas; and authorizing the Mayor to sign. 2040: Perpetuate a Learning Environment - Promote a knowledge -sharing environment. Summary: The Friends of Coppell Nature Park (FCNP) have proposed honoring a recent retiree of their board with legacy recognition at the Biodiversity Education Center. Parks and Recreation staff brought the proposed changes to the Parks and Recreation Board in two separate meetings. The Parks and Recreation Board enthusiastically supported the proposed change and is recommending that City Council approve legacy recognition for Lou Duggan to honor over twenty years of community service to the park and center. This item was recently discussed in detail at the October 27Th, 2020 City Council Work Session. Proposed Changes: Staff met internally to define acceptable changes and outline a communications strategy. In lieu of rebranding, the Friends of Coppell Nature Park are supportive of honoring Mr. Duggan with legacy recognition in the following ways: Building lettering — add "The Lou Duggan" in recommended small font to lettering on the building. 0 Addition of an 8x10 picture and legacy biography inside the Biodiversity Education Center. • Creating a short legacy recognition blurb that will be put in appropriate marketing such as the "About" sections of the webpage and social media. These changes would allow the name of the facility to remain the same in the logo and on search engines so finding information on the facility will remain the same as it has been for the public. Legal Review: Legal Review is not required at this time. Fiscal Impact: The partner organization, Friends of Coppell Nature Park have agreed to cover any costs associated with this proposal. Recommendation: Staff as well as the Parks and Recreation Board recommends approval of honoring Mr. Duggan with legacy recognition in the ways outlined above. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS APPROVING THE PLACEMENT OF A PLAQUE COMMEMORATING THE CONTRIBUTION OF LOU DUGGAN AT COPPELL BIODIVERSITY EDUCATION CENTER IN THE CITY OF COPPELL, TEXAS, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lou Duggan has made significant contributions to the vision, promotion, development and implementation of the Biodiversity Education Center at Wagon Wheel Park; and WHEREAS, Lou Duggan has served the City as a Councilmember and Mayor; and WHEREAS, Lou Duggan has served in numerous capacities in community, Chamber of Commerce and service organizations in the City of Coppell; and, WHEREAS, Lou Duggan has co-authored the history of this City, and, has sought to preserve and record the founding and growth of the City of Coppell; and WHEREAS, Lou Duggan has been a leader and servant to fellow citizens; and WHEREAS, the City desires to commemorate the lifetime achievement of Lou Duggan at the Biodiversity Education Center in Wagon Wheel Park by the placement of a commemorative plaque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the City Council of the City of Coppell, Texas hereby approve the placement of a plaque commemorating the many contribution and championing the native wildlife of Texas at the Biodiversity Education Center of Lou Duggan to the City of Coppell, Texas; and, the City Manager is hereby authorized to the creation of a suitable permanent plaque to be placed in the Coppell Biodiversity Education Center at Wagon Wheel Park. SECTION 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, this day of , 2020. Page 1 TM 119004 ATTEST: Ashley Owens, City Secretary APPROVED AS TO FORM: Robert E. Hager, City Attorney Page 2 APPROVED: Karen Selbo Hunt, Mayor TM 41764 C',P FE L File ID: 2020-5394 Version: 1 File Name: B&C Appointments City of Coppell, Texas Master File Number: 2020-5394 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: City Council File Created: 11/04/2020 Final Action: Title: Consider approval of appointments to the City's Boards and Commissions. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5394 Title Consider approval of appointments to the City's Boards and Commissions. Summary City of Coppell, Texas Page 1 Printed on 11/6/2020 City of Coppell, Texas C',P FE L File ID: 2020-5391 Version: 1 File Name: Mayor and CC Reports Master File Number: 2020-5391 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Mayor and Council Re po its In Control: City Council File Created: 11/03/2020 Final Action: Title: Report by the City Council on recent and upcoming events. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5391 Title Report by the City Council on recent and upcoming events. Summary City of Coppell, Texas Page 1 Printed on 11/6/2020 C',P FE L File ID: 2020-5392 Version: 1 City of Coppell, Texas Master File Number: 2020-5392 Type: Agenda Item Reference: File Name: CC Committee Reports 11/10/20 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Council Committee Re po its In Control: City Council File Created: 11/03/2020 Final Action: Title: A. Report on Dallas Regional Mobility Coalition - Councilmember Gary Roden B. Report on Woven Health Clinic - Mayor Pro Tem Mark Hill C. Report on Metrocrest Services - Councilmembers Biju Mathew and Wes Mays Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2020-5392 Title A. Report on Dallas Regional Mobility Coalition - Councilmember Gary Roden B. Report on Woven Health Clinic - Mayor Pro Tem Mark Hill C. Report on Metrocrest Services - Councilmembers Biju Mathew and Wes Mays Summary City of Coppell, Texas Page 1 Printed on 11/6/2020